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Free access to Knowledge (CopyLeft) in Honduras

Knowledge is the main input of any investigation, the right that proceeds from such investigation is identified as Intellectual Property or Copy Right. The Copy Right grants the Author the exclusive right over an artistic work, for use, reproduction and modification, as well as any benefit that might emerges from it. Only throughout an express permit of the Author, others can acquire certain rights that belong to the Author. But, what about the knowledge that is meant for free access?

Nowadays there is a legal practice identified as CopyLeft that starts with the purpose of encouraging and promoting the investigation and seeks to reach the Right of the Community. This concept seeks to take the CopyRight to a level that is public, free and out of restrictions over the content of the artistic work, which can be a software, piece of art, book or any other.

Among some of the considerations pointed out to make a CopyLeft a win-win practice are: a) use the CopyLeft symbol on the original piece and every piece that thrives from the original, b) use the entire piece, in order to avoid misperceptions, and c) do a correct reference of the Author. With the aforementioned it is seek to maintain the work available to the Community and avoid that anyone takes own benefits out of it; procuring collaboration and constant improvement to the work that has been offered for General Public License.

Currently, there is no legal regulation in Honduras that contemplates the CopyLeft, however, just as most Intellectual Property practices, it has started to spread and being used in several sites and mutual cooperation organizations under this concept. In this regards it is important to bring out that the CopyLeft is a voluntary waiver from the author to the economic rights, not to the moral rights of the work, and these are still object of protection.

Graciela Cruz Raudales
Senior Associate
García & Bodán
Honduras

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