The Constitutional Court of Chile ruled that the petition of unenforceability claiming unconstitutionality, filed by the open television channel Mega against ATN (Society of Audiovisual Directors, Screenwriters and Playwrights) stating that the rules which allow Collective Management Entities to set their fees are unconstitutional, was inadmissible due to lack of factual grounds.
This resource was filed in the context of the trial conducted against that television network in order to fulfill the payment of the right to remuneration in favor of audiovisual directors and screenwriters.
These authors accrued more than four (4) years without enjoying these economic benefits arising from their intellectual work. It is a highly sensitive resource since the entire collective management structure raises awareness and consolidates in its legitimate rights.
Luckily, this strong outcome (the Court did not even consider necessary to address the merits, directly declaring the inadmissibility) strengthens the position of ATN in all trials conducted against each of the open television stations in Chile.
The ruling is added to the successful results obtained in recent times before the Court for the Protection of Free Competition and before the Supreme Court, instances where the open TV guild had previously tried to achieve the goal it was now seeking before the Constitutional Court.
With this, the judicial instances and resources for the guild of users, which sought to undermine the autonomy and legitimacy of the collective management system in Chile, run out, obtaining, in return, a strengthening of the same with the intention to achieve successful rulings in all trials being conducted against open TV channels.
