However, the revised provision continues to be unclear. Further clarification with the Nicaraguan authorities is necessary to understand whether Nicaragua is attempting to create a provision similar to Section 117 of the U.S. Copyright Act. As written, the Nicaraguan draft clearly fails in that attempt. The right to prohibit parallel importation should be included in the list of exclusive rights as well as the criminal remedy section. The bill contains no border enforcement measures.
Clarification is needed to define the rights of a producer of an audiovisual work.
While the draft does provide that the economic rights are ceded to the producer via contract, it is recommended that these rights initially vest in the producer. The bill contains onerous provisions on transfers and other provisions which are better left to the law of contract, not copyright. This provision and other entire sections which regulate contracts conflict with the Bilateral IPR Agreement's requirement that a person holding economic rights may freely and separately transfer such rights, and shall be able to exercise those rights in its own name and enjoy fully the benefits derived from those rights. The bill continues to have five inalienable and irrevocable moral rights. The number of moral rights should be limited to those in the Berne Convention, should not last longer than the life of the author, and should be subject to waiver.