La situación del artista musical bogotano y sus implicaciones en la indebida utilización de sus obras en el marco de los derechos de autor

Abstract

This investigation understands the importance of the artistic and intellectual creations and the role of the musicians from Bogota in the cultural development of Colombia, for this reason the intention is to provide an objective knowledge about the problems that come from the subscribed contracts made by the musicians from Bogota, making reference only to the provision of services contract, I understand there are other contracts that are used in this industry like the edition contracts, the phonogram inclusion, software licenses, etc. For this reason, an analysis is made about the repercussions of the inappropriate use of the patrimonial rights which will emphasize in the right to reproduction, distribution, public communication and the moral rights, making reference only to the ownership of the work, the above will develop base on the Law 23 of 1982 and the different agreements and international treaties subscribed by Colombia. Besides from studying the aspects related to the provision of services contract like: concept, characteristics, constitution of the contract, differences with the other contractual modes like the lease of services and the labor contract, the transfer of rights, dark clauses. It will allow us to settle the investigation on a contractual context and in matter of copyright, so in this way it was possible to incorporate economic factors that came from the “Optimo de Pareto” theory and the wellness theory. Thanks to the above you can define the important aspects that have more transcendence like the impact of big music companies to the emergent musicians from Bogota, also the appearance of factors like contractual extensions, indirect authorization, repercussions from the economy theories about the musical industry, the importance of the application of values like the fair economy remuneration, etc. Finally and after collecting the necessary information, there are propose some suggestions to solve problems related with Copyright, so this information can reach academies and colleges that form musicians from Bogota, whether this investigation works as a basic training in matter of Copyright and the contracts that take place for the development of their artistic activities, working together with the National Direction of Copyright.