In 2023, an accusation put at the Center for the Central Bank of Reserve of Peru (BCRP). The case revolved around S/20 ticket that carries the image of the writer José María Arguedasoriginally created by photographer Baldomero Pestana, whose representatives demanded the monetary institution. This fact triggered a process that could have cost the BCRP almost half a million soles.
The conflict not only attracted the looks for the amount of the fine, but also because of the unusual controversy, since it involved one of the most important institutions for the national economy. From copyright demands to unexpected agreements, this case became media and, if carried out, could even mark the Retirement of this ticket of the Peruvian transaction system. Then you will know the case.
Who denounced the BCRP for the S/20 ticket?
The Peruvian Association of Visual Artists (APSAV), together with the succession of Baldomero Pestana, was the complainant part in this case. The succession was represented by María del Carmen Rico Coira and José Antonio Polín Pérez, who claimed the unauthorized use of the photograph of the writer José María Arguedas in the S/20 ticket.
The ticket in question is part of a commemorative series issued by the BCRP. However, the complainants said that the institution used the image without obtaining permission from the heirs of Pestana, who took the original photograph. Pestana was a portrait master who immortalized personalities such as Mario Vargas Llosa and José María Arguedas, whose photograph would have reached the S/20 ticket. The APSAV He claimed that this action violated the Peruvian copyright legislation and requested exemplary sanctions against the BCRP.
BCRP: Chronology of the complaint made by the APSAV
The complaint was filed on January 24, 2023. Since then, the case took relevance, since not only a fine was required, but also the payment of legal costs and remuneration for accrued rights. The APSAV He demanded compensation for the improper use of the work of Baldomero Pestanain which they alleged that the author’s original work and its characteristic frame and personality were reproduced without permission.
On September 21, 2023, the Technical Secretariat of the Copyright Commission He accepted the complaint. Subsequently, on December 20, 2023, the commission declared the claim founded, imposing an initial sanction of 85.18 UIT (approximately S/420,000) and ordering the BCRP pay US $ 11,783 for accumulated rights.
Despite this, the BCRP He did not accept the ruling without more. On February 21, 2024, the institution presented an appeal, seeking to revoke the decision. But, surprisingly, the process would take an unexpected turn months later.
BCRP almost receives a fine of S/500,000: the final resolution
On June 5, 2024, APSAV and Baldomero Pestana’s succession presented a formal withdrawal of the complaint. This document, also signed by the BCRP, marked the end of the dispute. Both parties reached an agreement that avoided the execution of the fine and any additional payment.
He Court of Defense of Competition and Intellectual Property He accepted the withdrawal on December 19, 2024. In his analysis, the court determined that there was no public interest in continuing with the procedure and that the rights of third parties were not violated, which finally the case was filed.
Source: Larepublica
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