The use of musical works on digital platforms in light of SAYCO's Virtual Event Fees Manual for Unlicensed Channels

Autor: Cristian Moreno

In view of the debate that has been generated in recent days in Colombia by the Manual of Virtual Events Fees to Non-Licensed Channels (hereinafter the Fees Manual) issued by the Society of Authors and Composers of Colombia -SAYCO (in Spanish)-, and the implications that these fees bring for the new challenges that the global pandemic has brought to the music industry, it is worth recalling some relevant aspects on this subject in order to understand what is happening today with the use of musical works on virtual platforms, as it occurs in the so called "Virtual Concerts".

Leer más

Are Legal Precedents Compulsory for Judges in Colombia?

Author: J. Ian Raisbeck

Recent decision STC263-2020 issued by the Supreme Court of Justice (SCJ) - Civil Cassation Chamber - of January 23, 20201, reminds us that in Colombia judicial precedents are there to guarantee constitutional rights to equality and due process, and therefore, judges must follow them in their rulings. However, said ruling did not delve into the exceptions that allow a Judge to refrain from applying a precedent.

Continue Reading

Is the Chain of Custody the Only Mechanism Available to Authenticate and Identify Physical Evidence in Criminal Proceedings in Colombia?

Autor: J. Ian Raisbeck

Recent decision SP-2020 issued by the Colombian Supreme Court of Justice - Criminal Cassation Chamber (SCJ - Criminal CC), dated April 29, 20201, provides a clear explanation over the mechanisms provided for by the Criminal Procedure Code to authenticate and identify physical evidence, which go beyond the use of the chain of custody. As such, even though the chain of custody is an ideal mechanism to identify and authenticate physical evidence, it is not the only available mechanism.

Leer más

Evidence of peaceful trademark coexistence in the market is not enough to show lack of likelihood of confusion in the Andean Community

Author: J. Ian Raisbeck.

Once again, the Andean Community Justice Tribunal (ACJT) reminds us of its position with respect to peaceful trademark coexistence in the market as evidence of lack of likelihood of confusion between them.  In a nutshell, evidence of peaceful coexistence between two trademarks in the marketplace alone is not enough to eliminate likelihood of confusion as a basis for rejection of a trademark application.

Continue Reading

Calle 90 No. 19 - 41 Of. 404
Bogotá D.C. 110221, Colombia
PBX: (+571) 704 3275 
FAX: (+571) 704 3276
Raisbeck & Castro SAS © 2017
Website by: imagenvirtualweb