Supreme Court Ruling Sparks Debate Over Intellectual Property Rights

By Guzmán Ariza, Attorneys at Law

On October 12, 2022,  the First Chamber of the Supreme Court of Justice (SCJ) of the Dominican Republic found that EGEDA, a collective management organization for audiovisual producers, was not entitled to collect invoices for public communications from a private clinic. 

The case began in 2016, when EGEDA filed a lawsuit against the clinic alleging it was liable to pay royalties for public communications of audiovisual works, such as movies and television shows, that were broadcast in the clinic's waiting rooms.

The SCJ held that EGEDA was not entitled to collect fees for public communications from the clinic as it was not a "public place" within the meaning of the law.

Although the SCJ's ruling is not final and can be overturned on appeal, it has raised concerns among intellectual property experts, and it is likely it will be debated for some time. Law professors, lawyers and lawmakers argue that it could have a negative impact on the incentive to create intellectual works as it could set a precedent that leads to businesses avoiding paying for the public communication of audiovisual works, which could in turn lead to a decrease in the amount of money that is available to support the creation of new works.

Part of the debate is wether the ruling pass over international conventions that the Dominican Republic has ratified, such as the Berne Convention and the TRIPS Agreement.

The Berne Convention deals with the protection of works and the rights of their authors. It provides creators such as authors, musicians, poets, painters etc. with the means to control how their works are used, by whom, and on what terms. It is based on three basic principles and contains a series of provisions determining the minimum protection to be granted.