El derecho de autor en el cine ecuatoriano : análisis de su aplicación en la protección de obras audiovisuales.

Abstract

This thesis focuses on the study of copyright law in Ecuadorian cinema, specifically its application to the protection of audiovisual works. The central purpose is to examine how this right is currently implemented in Ecuador, what level of protection is granted to the various creators involved in a film production, and whether there are legal gaps or inconsistencies that hinder effective protection. The research is organized into two chapters. The first addresses the theoretical and conceptual foundations of copyright law, with special attention to its relationship with audiovisual works and the plurality of subjects involved in their creation. The second chapter reviews the current legal framework, both national and international, including Ecuadorian legislation and the international treaties ratified by the country. This second section also analyzes relevant case law and legal doctrine to identify the criteria used in the protection of audiovisual works, both within the local context and in comparative experiences that may serve as a reference. In the final stage of this study, the objective is to move beyond theory and delve into the real context of Ecuadorian cinema. Reading the law is not the same as observing how it is applied. The aim is to identify the challenges the industry faces daily and, through the analysis of specific cases, to understand how copyright is defended, or rather, how it often fails to be defended, in real situations. This research seeks to provide a comprehensive view of how copyright functions for filmmakers in Ecuador. It is an examination that evaluates how far progress has been made, where the weaknesses of the legal framework lie, and, most importantly, what adjustments are needed to ensure that creators truly receive effective protection. Ultimately, the goal is not only to have laws in place, but also to ensure that procedures are known and effectively applied.