The Paraguayan Executive has recently enacted Decree No. 4212/25, which regulates Chapter IV of Law No. 1328/1998 on Copyright and Related Rights. This new regulation repeals Decree No. 4212/2015, modernizing the legal framework concerning equitable remuneration for private copying.
Chapter IV of the law establishes the right to fair compensation for authors, performers, producers, and other rightsholders when their works are privately copied using technical equipment such as smartphones, memory drives, audio and video recorders, and similar devices.
The decree clarifies that this compensation is not a tax, but rather a civil obligation owed to rightsholders. This distinction reinforces the legal certainty and enforceability of the remuneration system. It applies to both the manufacture and importation of equipment that enables private reproduction and includes an updated list of devices that reflects current technologies and user habits.
Under the new regulation, the collection and distribution of these compensations are carried out by Collective Management Organizations (CMOs) officially recognized by Paraguay’s National Directorate of Intellectual Property (DINAPI). The decree mandates that 80% of the collected funds must go directly to rightsholders, while the remaining 20% is allocated to promoting intellectual property culture and anti-piracy efforts. This dual structure balances individual compensation with collective investment in the legal and cultural ecosystem.
DINAPI’s role is further strengthened under this decree. It now has expanded authority to supervise imports, inspect customs declarations, and ensure that the compensation mechanism is applied fairly and transparently across the supply chain.
This decree marks a significant step forward for Paraguay, especially in an era where digital consumption is growing and private copying has become routine. By updating its copyright regulations, Paraguay demonstrates its commitment to fair compensation, legal modernization, and the promotion of creative industries.
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