Did the Colombian Constitutional Court foresee the conditions for implementing Articles 18 to 23 of the Directive (EU) 2019/790?

This article examines the relationship between Colombian copyright law and recent developments in European Union (EU) copyright law, focusing on fair remuneration for authors as framed in Articles 18 to 23 of Directive 2019/790. It analyzes Colombia's legal framework, including the landmark 2009 Escalona case where the Colombian Constitutional Court emphasized the need to protect authors' fundamental rights and impose duties of solidarity and transparency on publishers. The article compares Colombian law and jurisprudence with the EU's fair remuneration provisions and their transposition in countries like France, Spain, and Austria, highlighting shared challenges related to contractual freedom and authors' weaker bargaining positions. It concludes by proposing that Colombia could reform its copyright law by adopting principles of transparency, fairness, and contract adjustment mechanisms similar to the EU model to better safeguard authors' moral and material interests and promote cultural diversity within the Andean region.