Intellectual Property Watch
14 December 2009
Restoration Of French Philosopher’s Work Online In Argentina Seen As An Opening
By Catherine Saez @ 9:23 amAn Argentinean judge’s recent decision to drop charges against a philosophy professor for alleged copyright infringement is being seen as a stepping stone to drawing attention to copyright issues in Latin America, according to advocates.
Professor Horacio Potel created open source websites to post foreign philosophers’ work in Spanish. The websites were named “Nietzsche in Spanish,” “Heidegger in Spanish,” and “Derrida in Spanish.”
On 13 November, the Argentinean justice decided that Potel’s actions did not justify penal prosecution, and he was declared free of charges, according to the Fundación Vía Libre, an Argentinean nongovernmental organisation focussed on civil rights in the digital area, who posted the court decision [pdf] on their website.
In December 2008, French publishing company “Les Editions de Minuit,” owner of the rights on some of Derrida’s books, lodged a complaint then passed on to the French Embassy in Argentina. The Argentina Book Chamber then started a legal action against Potel. (IPW, Access to Knowledge, 12 May 2009).
The professor had told Intellectual Property Watch in a previous interview that access to Derrida’s work was very difficult in Argentina, because of the cost of the books imported from Spain, priced in euros, and because of the scarcity of bookstores in the country side. The photocopying of textbooks is a major issue for academics and students, Roberto Verzola of CopySouth had told Intellectual Property Watch previously.
“In our legal system,” Beatriz Busaniche of Vía Libre told Intellectual Property Watch this week, “this case will not be considered as jurisprudence, but the case as a whole helped us spread the word about copyright issues.”
“One of the main results is that now social sciences universities here are aware of this conflict and really committed to open the debate around copyright,” she said.
Contacted by email, Les Editions de Minuit said they were not aware of the Argentinean judicial decision.
Both of the websites that were objects of the lawsuit are active again: http://www.jacquesderrida.com.ar/ , and http://www.heideggeriana.com.ar/.
Catherine Saez may be reached at csaez@ip-watch.ch.
Categories: Access to Knowledge, Copyright Policy, Developing Country Policy, Education/ R&D/ Innovation, Enforcement, English, Information and Communications Technology/ Broadcasting, IP Law, News


A recent US court decision introduces entirely new questions about the balance between a transformative work and a copyright infringement. It also places the responsibility of balancing the public interest in freedom of expression against the interests of rights holders squarely in the hands of the court, writes Leslee Friedman.
Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or transformative purposes and authorisation to copy by libraries and museums to preserve their works). But the government needs to hear from all interested parties – especially the artists – and avoid letting the debate transform into a political-ideological discussion, writes Brazilian lawyer Manuela Correia Botelho Colombo.


14 December 2009 at 1:22 pm
[...] Este artículo fue publicado por la organizacion Intellectual Property Watch el 14 de diciembre de 2009. [...]
15 December 2009 at 11:19 am
[...] decision of the Argentinian court dropping the charges against Prof Potel. Read more about this here (in English). Download court’s sentence here (in [...]
15 December 2009 at 8:38 pm
[...] Este artículo fue publicado por la organizacion Intellectual Property Watch el 14 de diciembre de 2009. [...]