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It's OK To
Photocopy Educational Material
Copying textbooks and other educational
material is a way of life for college and
university students. The practice not only
saves students money, but also permits them
to obtain educational material that in many
cases is impossible to obtain.
The practice of photocopying the material
came into question with the introduction of
the Ley de Procedimientos de Observancia de
los Derechos de Propiedad Intelectual
(Intellectual Property Law).
The Comisión Interinstitucional de Propiedad
Intelectual said yesterday that textbooks,
for example, can be photocopied as long as
it is for educational purposes and not for
any commercial or lucrative purpose.
The Comisión added that the condition is
that the copying does not in any way
unreasonably prejudice the legitimate
interests of the author and has begun a
series of meetings with the representatives
of the public and private sector,
photocopying businesses, educational
authorities and institutions and
representatives of literary works and
consumers.
The commission notes that in Costa Rica
intellectual property rights are enshrined
in the Constitution, under Article 47 of the
Constitution.
Through the Ley de Derechos de Autor y
Derechos Conexos (Law of Copyright and
Related Rights) of 1982 the exclusive rights
that apply to authors of literary and
artistic works recognized, giving, among
others, the exclusive right to authorize or
prohibit any reproduction of their works,
including those related to the subject
matter, and photocopies.
Costa Rica has signed a series of
international treaties that recognize the
exclusive rights to authors of works that
represent international standards.
The protection of copyright is not a result
of the ratification of Free Trade Agreement
with U.S., but the legislation passed in
1982 and expanded in 2000, as a result of
negotiations at the World Trade
Organization, with a trade agreement that
allows the use of protected works for
educational purposes.
With the clarifications, the Comisión
Interinstitucional de Propiedad Intelectual
hopes to clear up the doubts and concerns
expressed by the different sectors about the
scope of the rules on copyright and the
ability to make reproductions of works for
educational purposes.
The Commission said it will continue with
the initiative to promote closer ties and
establish a communication channel with the
various groups involved in thes matter,
seeking to provide clear information to help
guide the work of owners and users of
copyright.
Those who violate the Ley de Procedimientos
de Observancia de los Derechos de Propiedad
Intelectual can face imprisonment from six
months to two years and fines of ˘500.000
colones to those reproduce those books or
texts. |
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