The right to remain unpublished and the posthumous publication of Gabriel García Márquez's work "See You in August"

What is the right of disclosure?

It is the moral right of an author to decide whether to publish a work or keep it unpublished. Pursuant to Article 11 of Decision 351 of the Andean Community, which establishes the Common Regime on Copyright and Related Rights, this right is inalienable, unwaivable, immune from attachment, and not subject to any statute of limitations.

In this case, prior to his death, Gabriel García Márquez expressly stated that he did not want Until August to be published because he considered the work unfinished. This decision, made in the exercise of his right of disclosure, was respected until 2024, when the work was ultimately published posthumously and without the author’s consent.

Who holds the right of disclosure after the author’s death?

The right of disclosure belongs exclusively to the author and is non-transferable. However, upon the author’s death, the exercise of the relevant economic rights passes to the corresponding successors in title, who are usually the heirs (Article 11 of Decision 351 of the Andean Community).

With regard to García Márquez’s heirs, they authorized the posthumous publication of his work and maintained that, although the work was not polished, it was indeed complete. Their conduct is currently questioned on the grounds that they failed to safeguard the author’s original wishes and disregarded the limits of the right of disclosure, which belonged exclusively to the Colombian Nobel laureate, who had already expressly stated his wishes.

Legal actions in the García Márquez case

Legally, the persons empowered to enforce or assert the moral rights of a deceased author are precisely the author’s heirs. Since the heirs themselves authorized the publication of the novel, the possibility of legal action being initiated is practically nonexistent.

We all celebrate the opportunity to read another work by García Márquez, but what about respect for his copyright?

At Quevedo & Ponce, a law firm based in Quito, Ecuador, we analyze the legal framework governing intellectual property and the scope of copyright in order to provide specialized legal advice on the management and protection of intellectual creations.