بنما

This is an informal case summary prepared for the purposes of facilitating exchange during the 2025 WIPO IP Judges Forum.

Session 5: Copyright Related Rights

Third Tribunal, First Judicial District of Panama [2025]: Entidad de Gestión Colectiva de Derechos de Productores Audiovisuales de Panamá (Egeda-Panamá) v Hotelera el Panamá, S.A., Case No. 08-08-01-10-3-79787

Date of judgment: July 28, 2025

Issuing authority: Third Tribunal, First Judicial District of Panama

Level of the issuing authority: Appellate Instance

Type of procedure: Judicial (Civil)

Subject matter: Copyright and Related Rights (Neighboring Rights)

Plaintiff: Entidad De Gestión Colectiva De Derechos De Productores Audiovisuales De Panamá (Egedapanamá)

Defendant: Hotelera el Panamá, S.A.

Keywords: copyright infringement, copyright related rights, audiovisual works, standing, legal presumption

Basic facts: 

The Court of First Instance ordered the cessation of the use of public communication devices and the making available of audiovisual works represented by the Entidad De Gestión Colectiva De Derechos De Productores Audiovisuales De Panamá (Egedapanamá) in a hotel, both in common areas and in guest rooms, and issued an abstract judgment since the amount was not proven. The amount was to be determined later through expert accounting evidence, applying the tariff approved by the National Copyright Office and a surcharge under the Law, taking into account the number of devices and televisions in the hotel.

The defendant appealed the decision, arguing that the Collective Management Entity cannot exercise economic rights on behalf of authors and that the Berne Convention excludes audiovisual producers from protection. It claimed these were related rights and the Collective Management Entity was required to prove ownership of the works. The appellant further argued in its appeal that the inventory of technological equipment was not sufficient to prove the infringement (public communication and making available to the public) or unlawful use, and therefore requested that the judgment be overturned.

Held:

The Court of Appeals recognized the legal standing of the Collective Management Entity of Audiovisual Producers’ Rights to bring lawsuits, based on its recognition by the National Copyright Office and the approval of general tariffs for users of audiovisual works, specifically in hotel accommodation services.

Relevant holdings in relation to Copyright Related Rights:

The Court explained that, in this case, the plaintiff manages audiovisual works (copyright) and not related rights, but that the purpose of the Collective Management Entity, regarding its operating rules and administrative and judicial actions, also applies to related rights. Furthermore, pursuant to Article 139 of the Panamanian Copyright Law, these entities benefit from a legal presumption in their favor, which the alleged infringer must rebut with evidence showing payment of the approved tariffs or authorization from the rights holders. The Court thus upheld the decision of the Court of First Instance.

Relevant legislation: Panama Copyright Law, Berne Convention