Uso de samples y fragmentos de audio en la industria musical ecuatoriana y la protección de los derechos de propiedad intelectual

Abstract

This research analyses the use of samples and audio fragments in the Ecuadorian music industry and its impact on the protection of intellectual property rights. The study addresses the legal issue that arises when a new musical production incorporates parts of pre-existing works, phonograms, performances or recordings, which may affect copyright, related rights, licences, derivative works and liability for unauthorised use. The general objective was to determine the influence of music sampling on copyright, based on a bibliographical review of its regulatory treatment in Ecuador and international doctrine. The methodology adopted a qualitative, bibliographical and documentary approach, supported by a systematic literature review covering the period from 2020 to 2026. Scientific articles, legal doctrine, Ecuadorian legislation, international treaties and comparative case law were examined. The results show that a sample is not unlawful by its mere technical existence; its legal assessment depends on the protected subject matter, ownership, authorisation, degree of identification of the fragment and economic exploitation. In Ecuador, the Code on the Social Economy of Knowledge, Creativity and Innovation regulates copyright, related rights, derivative works, moral rights and economic rights, but it does not contain a specific rule on music sampling. It is concluded that Ecuadorian artists face legal and economic barriers, such as licensing costs, difficulty in locating rights holders, lack of national precedents and limited technical-legal knowledge. For this reason, the study recommends the creation of guidelines on authorization, licensing and rights management for the lawful use of samples in the Ecuadorian music industry.