The Quest for a Normative Balance: The Recent Reforms to Chile’s Copyright Law

Brief
Date period
1 December 2011

SummaryCopyright reform has become, in recent years, an important priority in the national legislative agenda of many countries and in the deliberations of relevant specialized international fora.  In this context, this policy brief by Daniel Álvarez Valenzuela explains the recent Chilean copyright law reform process and analyses its characteristics and concrete results, a little more than a year after its adoption.

The policy brief examines the scope and implications of the main provisions contained in the legislative text with special attention to those provisions which embody a balance between the interests of different stakeholders in the regulation of copyright. Among a wide range of issues, the policy brief looks into the unfruitful efforts to incorporate a “fair use” style norm in the national legislation and the reasons behind this. Finally, the author presents the main political considerations that impacted on the legislative discussion and the challenges that needed to be overcome to achieve a successful reform.

In addition to being a lawyer, an academic and founder of the NGO Derechos Digitales Chile, Daniel Alvarez Valenzuela the author worked as Legal Advisor to the Minister and President of the National Arts and Culture Council of Chile (2005-2010). In that capacity, he played a key role in the preparatory work leading to the reforms presented in this policy brief as well as during their discussions in the national Congress of Chile.