Within the provisions balancing copyright and right to information, education and culture is the prerogative to declare a work as public utility given to its great cultural value, scientific, educational, social interest or public interest. (Different from public domain).
The procedure must be performed by a decree of the Executive Branch prior favorable opinion of the National Copyright Office (ONDA) and payment of just compensation to the owner.
The requirements are:
- Work must have been published
- Copies of the latest edition of the work must be exhausted
- Minimum three (3) years after its last publication
- Improbable new publication by the holder
- Price inaccessible for most students in the country (only for educational purposes)
This declaration of public utility only affects the economic rights of the author, never the moral rights.