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ARTICLE · 21 OCTOBER 2016

The Fedepapa Case: Royalties From A New Version As A Derivate Work

The aim would be to decide if they are really to be considered new pieces or new editions or versions of the original.

ColombiaIntellectual Property

In 2015, the Supreme Court of Colombia, in the Civil Appeals Courtroom, settled an appeal for a case whose origin was the plaintiff's non-conformity with the profit distribution by Fedepapa. This occurred as a result of the sale of texts entitled "Vademecum del Cultivo de Papa," from 1996 and "Guia para el Cultivo de Papa," from 2005. The authorship of these works belonged to the plaintiff, according to what was stipulated in a civil society contract regarding the publication of the Vadecumen text and its various versions.

According to the wording of the contract, 50% of the profits would correspond to the author. However, the plaintiff felt that the amount actually received was unjustifiably low, so a lawsuit was filed.

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