New arrivals – November 21, 2018
We would like to inform you that on November 5, 2018, Decree number 21-2018, issued by the Congress of the Republic of Guatemala, was published in the Diario de Centroamérica.
Said Decree arises as a result of the ratification of the Convention on the rights of persons with disabilities, which was approved by the Congress of the Republic of Guatemala through Decree number 59-2008, which establishes that all states that sign the agreement, they must take the pertinent measures in order to ensure that the laws for the protection of intellectual property rights do not constitute an excessive or discriminatory barrier to the access of persons with disabilities to cultural materials; and by virtue of the Marrakech Treaty, which seeks to facilitate access to published works for blind people, visually impaired people or those with other difficulties in accessing the printed text, which was signed by the State of Guatemala on June 2, 2014. and approved by the Congress of the Republic of Guatemala through Decree 07-2016 and which establishes that legislation must be legislated on the subject of copyright and related rights on the limitations and exceptions on copies in accessible format, as well as cross-border exchange of works and material.
Given that the aforementioned agreements are subsequent to the Law on Copyright and Related Rights, the modifications to said law are decreed, in which provisions are attached, through which people with visual disabilities or with difficulties in accessing to the printed text, they can have access to them and thus avoid that barrier that has existed for these people.
The Law on Copyright and Related Rights established the cases in which works protected by law may be legally communicated, without the need for the authorization of the author or the payment of any remuneration, for which reason, through the aforementioned reforms, it is authorized that the reproduction and distribution of accessible copies for blind people, people with low vision and people with limitations to access the printed text, which has been protected by copyright, is carried out, as long as it is done by authorized entities; It also allows the distribution of encrypted or protected materials by any system that prevents their reading by people who do not have these disabilities.
This Decree comes to add an article, 63 bis, which gives a series of definitions, among which we find, who is considered the beneficiary of the works in the case of people with limitations, which is an accessible copy or format, which They are considered literary and scientific works and who are authorized entities for the distribution of these materials.
This reform to Decree 33-98 of the Congress of the Republic of Guatemala, Copyright and Related Rights Law establishes a period of 60 days to prepare the pertinent changes to the Regulations of said law. Decree 21-2018 entered into force on November 13, 2018.
If you require more information or support, do not hesitate to contact us: guatemala@latinalliance.co