Derecho de autor y la ejecución del droit de suite sobre las obras plásticas en la legislación ecuatoriana.

Abstract

The Droit de Suite, adapted to the Ecuadorian context, goes beyond its economic nature to become an act of cultural justice that ensures artists receive continuous remuneration for the increasing value of their creations, reaffirming their role as custodians of society’s artistic identity and heritage. Aiming to propose regulatory improvements that would guarantee the effective enforcement of copyright or droit de suite for artists of visual works in Ecuador, this research employs a qualitative, descriptive approach, using analytical and comparative methods through documentary and legal review techniques. Among the key findings, the robustness and advancement of the Spanish legal framework stand out, as it has a well-established structure in terms of regulation, procedures, and oversight of the droit de suite. In contrast, the Ecuadorian legal framework remains in an early stage of development. Therefore, the Spanish model serves as a reference for Ecuador to develop this legal mechanism and ensure its proper, efficient, and effective implementation by reforming the Código de Ingenios in alignment with it and the Berne Convention.