Communication to the public and incidental use of a work protected by copyright

Abstract

The Court of Justice of the Andean Community has interpreted that the incidental use of works of art in audiovisual productions does not qualify as an act of public communication. This article reviews the premises established by the cited Court, arguing that if individuals access any work, even incidentally, this constitutes the economic right of public communication in this regard, the criterion established by the Court could affect copyright holders. This paper develops the concept of public communication, as well as certain exceptions and limits related to works of visual art.