The New 2026 Pre-established Damages System That Helps Creators

By: Sebastián Rivera Giraldo

Most creators in Colombia and Latin America did not begin their artistic journey with the aim of spending hours deciphering rules and methods to prevent infringements of their works. In many cases, the legal field can represent a costly and exhausting obstacle that tends to take a back seat to the creative process, becoming an unfamiliar environment and leading creators to ask questions such as: "If someone copies my work, will the legal fees be more expensive than what I can actually recover?" or "How much is my work worth?"

Until recently, these doubts could only be resolved with solid evidence, namely previously granted licenses or expert appraisals which made litigation a time-consuming and unattractive option, encouraging infringers to prevail without any consequences. However, the rules of the game have radically changed.

Decree 0370 of 2026 has finally leveled the playing field for creators. Following its issuance, authors and rights holders may choose to opt for statutory damages. This means you no longer need expensive licenses to increase the value of your works, nor an expert's opinion, as the law now establishes clear and forceful compensation ranges.

Under this new regime, the judge no longer asks "How much did you lose?" Instead, fixed ranges are applied for each infringed work, between USD $4,800 and USD $48,000 (calculated at an exchange rate of COP $3,600 = USD $1), depending on factors such as the infringer's bad faith, repeat offenses, duration of the infringement, exploitation scope, among others.

Additionally, if the infringer removes your watermarks, your name, or changes the title of the work, you may request any additional damages award within the same range. Your signature and your Rights Management Information are fundamental for the effective protection of your works.

Now that Colombian law offers a straightforward path to protection, having strong legal support becomes a financial strategy. It is about ensuring that third parties do not take advantage of your creativity while you generate additional income and maintain affordable prices for clients interested in your works.

At SRipLaw, your passion is our protection.

Have You Been a Victim of Copyright Infringement? Here Is What You Should Do to Strengthen Your Position

Discovering that someone else is profiting from your creative effort generates frustration. To face this scenario, you must act with a well-structured strategy. These are the steps we recommend at SRipLaw to regain control of your works:

1. Document the evidence (before it disappears): Don't just look at the infringement; take high-quality screenshots, save URLs, record dates, and, if possible, capture video recordings. Infringers often delete content once they feel exposed; make sure you have the definitive evidence before that happens.
2. Do not confront without a strategy: Sending a direct message can alert the infringer and give them time to hide the infringement or prepare legally. Before contacting them, evaluate the full scope of the damage.
3. Review your position: Do you have evidence of the infringement? Do you have proof of your authorship and ownership of the rights to the work, such as the link to the first publication, the original file, or the registration? Can you clearly identify the infringer?
4. Seek an expert opinion: Having specialized knowledge and an effective strategy is essential for protecting your works. At SRipLaw, we can help you structure and implement strategies to protect your rights.

Relevant Articles for the Modern Creator

If you are struggling to bridge the gap between your works and their legal protection, these entries from our Hub (based on real cases) are essential reading:

• The $30,000 Mistake: How Unlicensed Music Use on Social Media Became a Legal Minefield: An in-depth analysis of how small businesses and creators face massive damages for simple social media posts.
• TikTok's 2025 Commercial Music Library: What Brands Still Get Wrong: An essential guide on why platform libraries do not always equate to commercial rights and how to avoid infringements.
• Small Business, Big Problem: Copyright Suits Target Even Modest Social Media Operations: Why federal legal damages are now being used aggressively against local businesses and independent creators.
• Instagram Business Accounts and Copyright: The Licensing Gap Nobody Talks About: A technical breakdown of the legal exposure businesses face when using trending audio.

Need help with your intellectual property? Contact us