Did the Colombian Constitutional Court foresee the conditions for implementing Articles 18 to 23 of the Directive (EU) 2019/790?

Abstract

... For an article that relates to the implementation of Directive (EU) 2019/790 on copyright in the digital single market (the ‘EU Directive’),1 the title of this piece might, to some, raise a nonsensical question. Hopefully, however, they would concede that this is a useful exercise to demonstrate that the principles supporting one key aspect of the EU Directive have already been identified by a senior court in another jurisdiction. This article seeks to highlight possible parallels between Colombia’s copyright law and constitutional jurisprudence and the newly harmonized regulation of contractual relationships between authors and rightholders in EU copyright law, enshrined in Articles 18 to 23 of the EU Directive. It argues that, because of the commonalities identified, the EU Directive may provide a possible model for reform Colombian copyright law to protect more adequately the interests of authors who are often the weaker party in contracts relating to copyright works.