Derechos de autor en la música urbana ecuatoriana : desafíos legales en el cobro de regalías por uso en plataformas y redes sociales.

Abstract

This research analyzes the limitations of Ecuadorian copyright law in addressing the challenges posed by the exploitation of musical works in digital environments, with a particular focus on urban music artists. Through a historical, doctrinal, comparative, and normative study, it is shown that although the Organic Code of the Social Economy of Knowledge (COESC+) and the international treaties signed by Ecuador recognize the ownership and protection of artistic creations, these legal instruments have not evolved at the same pace as the technologies that enable reproduction, dissemination, and commercialization on platforms such as YouTube, Spotify, and TikTok. The study shows that the lack of well-defined systems for registering, tracking, and administering royalties in the digital environment has created a discrepancy between the effective use of creations and the payment received by their authors. This directly impacts the financial rights of urban musicians, most of whom create and distribute their works independently. Furthermore, it highlights how the absence of legal clarity regarding the functioning of platforms and collective management organizations restricts the effectiveness of existing regulations.