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Colombia

Ley 23 de 1982 sobre derechos de autor (as amended by Ley 1915 de 2018).

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020251990: 60%1991: 60%1992: 60%1993: 60%1994: 60%1995: 60%1996: 60%1997: 60%1998: 60%1999: 60%2000: 60%2001: 60%2002: 60%2003: 60%2004: 60%2005: 60%2006: 60%2007: 60%2008: 60%2009: 60%2010: 60%2011: 60%2012: 60%2013: 60%2014: 60%2015: 60%2016: 60%2017: 60%2018: 20%2019: 20%2020: 20%2021: 20%2022: 20%2023: 20%2024: 20%2025: 20%YearOpenness score (%)

Selected year snapshot

For 1993, the active event in this file is Ley 44 de 1993.

60%

Current rationale

Ley 44 de 1993 primarily modified Ley 23 de 1982 regarding duration of related rights (Art. 2), registration requirements (Arts. 3–8), collective management societies, and criminal penalties. It did not add, remove, or modify any of the exceptions and limitations in Articles 31–43 of Ley 23 de 1982. The research-relevant exceptions (Arts. 31, 37, 38, 40, 43) remained unchanged. Therefore the classification remains LIGHT BLUE based on the same analysis as the baseline. This event is included because Ley 44 is the most significant amendment to Ley 23 between 1982 and 2018, but it did not affect the exceptions relevant to research.

Exceptions considered

Art. 31 (Ley 23/1982)0%Quotation

Quotation right: permits citing necessary passages

Art. 37 (Ley 23/1982)20%Private Use

Reproduction of literary or scientific work, single copy, private use, no profit

Art. 38 (Ley 23/1982)40%Library Institutional

Public library reproduction for readers or inter-library lending of out-of-print works

Art. 43 (Ley 23/1982)60%Private UseMost permissive

Free utilization of all works in private home without profit

Law changes

Ley 23 de 1982 sobre derechos de autor

Baseline · Effective 1982-01-28

60%

Relevant section: Artículos 31–43

Dates: Effective 1982-01-28 · Enacted 1982-01-28

Why this score

The most permissive research-relevant exception is Article 37, which permits reproduction of a literary or scientific work in a single copy for private use without profit motive. This covers reproduction of full works but is limited to: (1) literary or scientific works only (excluding e.g. artistic works, musical works, audiovisual works), (2) a single copy, (3) private use by the interested party, and (4) no profit motive. Article 43 permits free utilization of works in the private home without profit, which could be broader in terms of uses covered but is restricted to the 'private home' (domicilio privado). Article 38 is a library exception limited to public libraries for conservation or inter-library lending of out-of-print works. Article 31 is a quotation right limited to passages. There is no general fair use, fair dealing, or open research exception. Article 37 is the most permissive for a researcher: it permits full-work reproduction but only for private use (individual, not institutional, not sharing). However, Article 37 is limited to 'literary or scientific' works, which excludes artistic works. This work-type restriction would normally push toward ORANGE. But 'literary or scientific' is quite broad and covers the main categories relevant to research. The 'private use' restriction limits the user class to individuals. Considering the compound restrictions: the private-use limitation (LIGHT BLUE) and the work-type limitation (literary or scientific only, which could be ORANGE), the most restrictive element governs. However, Article 43 covers all types of works ('scientific, literary and artistic') for use in the private home — this is broader on works but narrower on context (private home only). Between Art. 37 (literary/scientific works, private use, reproduction) and Art. 43 (all works, private home, utilization), Art. 43 is arguably more permissive because it covers all work types and 'utilization' (not just reproduction), though limited to the private home. Both are restricted to private/personal contexts. The combination yields LIGHT BLUE: full-work reproduction/use is permitted but only for private/personal purposes. Non-commercial restriction and single-copy limit are classification-neutral factors.

Exceptions considered

Art. 310%Quotation

Quotation right: permits citing an author by transcribing necessary passages, provided not so extensive as to constitute substantial reproduction

Art. 3720%Private Use

Reproduction of a literary or scientific work in a single copy for private use without profit motive

Art. 3840%Library Institutional

Public libraries may reproduce a copy of out-of-print protected works for reader use or inter-library lending

Art. 400%Educational

Students may note and collect lectures freely, but publication/reproduction prohibited without authorization

Art. 4360%Private UseMost permissive

Free utilization of scientific, literary and artistic works in the private home without profit motive

Original text

English rendering

Source links

Ley 44 de 1993

Relevant update · Effective 1993-02-05

60%

Relevant section: Artículo 2 (modifying Art. 29 of Ley 23 de 1982)

Dates: Effective 1993-02-05 · Enacted 1993-02-05

Why this score

Ley 44 de 1993 primarily modified Ley 23 de 1982 regarding duration of related rights (Art. 2), registration requirements (Arts. 3–8), collective management societies, and criminal penalties. It did not add, remove, or modify any of the exceptions and limitations in Articles 31–43 of Ley 23 de 1982. The research-relevant exceptions (Arts. 31, 37, 38, 40, 43) remained unchanged. Therefore the classification remains LIGHT BLUE based on the same analysis as the baseline. This event is included because Ley 44 is the most significant amendment to Ley 23 between 1982 and 2018, but it did not affect the exceptions relevant to research.

Exceptions considered

Art. 31 (Ley 23/1982)0%Quotation

Quotation right: permits citing necessary passages

Art. 37 (Ley 23/1982)20%Private Use

Reproduction of literary or scientific work, single copy, private use, no profit

Art. 38 (Ley 23/1982)40%Library Institutional

Public library reproduction for readers or inter-library lending of out-of-print works

Art. 43 (Ley 23/1982)60%Private UseMost permissive

Free utilization of all works in private home without profit

Source links

Ley 1915 de 2018

Relevant update · Effective 2018-07-12

20%

Relevant section: Artículos 12–17 (new exceptions chapter, especially Art. 12 modifying Art. 12 of Ley 23/1982, and Arts. 13–17 adding new limitations)

Dates: Effective 2018-07-12 · Enacted 2018-07-12

Why this score

Ley 1915 de 2018 significantly restructured the exceptions in Ley 23 de 1982. The new Art. 32 Ter (added by Art. 14 of Ley 1915) creates a personal/private copy exception for natural persons covering works, performances, phonograms and broadcasts — but explicitly prohibits copying the entirety of a book, a musical work in graphic form, or the entirety of a database. This replaces the old Art. 37 as the primary private-use provision. Art. 43 of Ley 23 de 1982 (free utilization in the private home) was not expressly repealed by Ley 1915 and may still be in force, but the new Art. 32 Ter is more specific and its explicit prohibition on copying entire books, musical scores, and databases represents a narrowing. The new Art. 32 Quáter (libraries) limits library reproduction for users to 'an article or brief extract.' The old Art. 37 (reproduction of a literary or scientific work in a single copy for private use) may have been implicitly superseded by the more specific Art. 32 Ter. Evaluating the most permissive exception: Art. 32 Ter permits personal/private copying of full works EXCEPT books, musical works in graphic form, and databases. This means full-work reproduction IS permitted for some types of works (e.g., audiovisual works, sound recordings, individual articles, photographs, software) but NOT for books, musical scores, or databases. This is a work-type exclusion that maps to ORANGE: full-work reproduction is available for some but not all categories of works. Art. 43 (utilization in private home) could theoretically still permit broader use, but given the specificity of Art. 32 Ter's prohibitions, the more specific later provision likely governs. Even if Art. 43 survives, the explicit prohibition in Art. 32 Ter creates genuine ambiguity. The safest reading is ORANGE: full-work reproduction is permitted for some work types but explicitly excluded for books, musical scores, and databases. Uses: reproduction only (Art. 32 Ter says 'hacer copia'). Works: all except entire books, musical scores in graphic form, and entire databases. Users: natural persons only (private/personal use). Non-commercial restriction and single-copy limit are classification-neutral.

Exceptions considered

Art. 31 (Ley 23/1982, unchanged)0%Quotation

Quotation right: permits citing necessary passages

Art. 32 (as modified by Art. 12 of Ley 1915/2018)0%Educational

Use of works for illustration in teaching, within justified measure

Art. 32 Bis (added by Art. 13 of Ley 1915/2018)80%Other

Transitory/incidental copies as part of technological process not considered reproduction or communication

Art. 32 Ter (added by Art. 14 of Ley 1915/2018)20%Private UseMost permissive

Personal/private copy by natural persons, no profit, from lawful copy; but cannot copy entirety of a book, musical work in graphic form, or entirety of a database

Art. 32 Quáter (added by Art. 15 of Ley 1915/2018)0%Library Institutional

Libraries/archives may reproduce for preservation or replacement; may reproduce an article or brief extract for personal/private use of a user

Art. 32 Sexies (added by Art. 17 of Ley 1915/2018)0%Educational

Reprographic reproduction of articles or brief extracts for teaching/exams in educational institutions

Art. 38 (Ley 23/1982, unchanged)40%Library Institutional

Public library reproduction of out-of-print works for readers or inter-library lending

Art. 43 (Ley 23/1982, possibly still in force)60%Private Use

Free utilization of scientific, literary and artistic works in private home without profit

Original text

English rendering

Source links

Ley 23 de 1982 sobre derechos de autor (as amended by Ley 1915 de 2018)

Current law confirmation · Effective 2018-07-12

20%

Relevant section: Art. 32 Ter (private copy), Art. 32 Quáter (libraries), Art. 32 Bis (transitory copies), Art. 31 (quotation), Art. 38 (public libraries), Art. 43 (private home use)

Dates: Effective 2018-07-12 · Enacted 2018-07-12

Why this score

As of 2025, the law in force is Ley 23 de 1982 as amended by Ley 1915 de 2018. No further amendments to the exceptions and limitations provisions have been identified through 2025. The most permissive research-relevant exception remains Art. 32 Ter, which permits natural persons to make a copy for personal/private use without profit, from a lawfully acquired copy, but explicitly prohibits copying the entirety of a book, a musical work in graphic form, or the entirety of a database. This permits full-work reproduction for some categories of works (e.g., audiovisual works, sound recordings, individual journal articles, photographs, broadcasts) but not for books, musical scores, or databases. This work-type exclusion maps to ORANGE. There is no general fair use, fair dealing, open research exception, or TDM exception in Colombian copyright law. The library exception (Art. 32 Quáter) is limited to articles or brief extracts for user requests, and preservation/replacement copies. Art. 38 (public libraries, out-of-print works) remains in force but is narrower (PURPLE). Art. 43 (private home utilization) may still be in force but its scope is uncertain given Art. 32 Ter's specific prohibitions. Uses: reproduction only. Works: all except entire books, musical scores in graphic form, and entire databases. Users: natural persons (private/personal use). Non-commercial restriction and lawful-acquisition requirement are classification-neutral factors.

Exceptions considered

Art. 31 (Ley 23/1982)0%Quotation

Quotation right: permits citing necessary passages

Art. 32 (as modified by Ley 1915/2018)0%Educational

Use of works for illustration in teaching

Art. 32 Bis (added by Ley 1915/2018)80%Other

Transitory/incidental copies in technological processes

Art. 32 Ter (added by Ley 1915/2018)20%Private UseMost permissive

Personal/private copy by natural persons; cannot copy entirety of book, musical score, or database

Art. 32 Quáter (added by Ley 1915/2018)0%Library Institutional

Library/archive reproduction: preservation copies and articles/brief extracts for users

Art. 32 Quinquies (added by Ley 1915/2018)100%Other

Reproduction, distribution and communication for persons with disabilities in accessible formats

Art. 32 Sexies (added by Ley 1915/2018)0%Educational

Reprographic reproduction of articles or brief extracts for teaching/exams

Art. 38 (Ley 23/1982)40%Library Institutional

Public library reproduction of out-of-print works for readers or inter-library lending

Art. 43 (Ley 23/1982)60%Private Use

Free utilization of all works in private home without profit

Original text

English rendering

Source links