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FAQs on Exploitation rights

 

 

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  • I want to distribute copies of documents class for my students do I need authorization from the owner of copyright?

Intellectual Property Law, to illustrate in the classroom educational activities, allows teachers of formal education play , distribute and perform acts of public communication of small fragments of works or individual works of plastic character or figurative photography, excluding textbooks and university textbooks ( Article 32.2 TRLPI ).

However, it says nothing about the full distribution of copies of documents for teaching purposes, so that will be required to obtain authorization of the owner of copyright.

 

  • When I can make the copying of a work without the authorization of copyright?

Where a reproduction is made only for research or conservation purposes, non-profit, by museums, libraries, record libraries, film libraries, newspaper libraries or archives publicly owned or part of institutions of cultural or scientific nature ( Article 37.1 TRLPI )

 

  • If you want to publish the papers presented at a conference organized by the AU, is it necessary to seek permission from the author?

If we want to publish the paper in a tangible medium (paper, CD, etc. ...) acts will play to copy the work and acts of distribution if we then copies made available public.

As reproduction and distribution rights are unique to the author of the paper, you must request permission. But if the author of the paper tell us that you previously assigned such rights to third parties on an exclusive basis, we need to contact the latter for you authorize us.

 

  • I can make a copy of a book as teaching material for my students play it on a photocopier manual or automatic UA

No, because although the Article TRLPI 37 Reproduction of a work in a cultural institution, like the University of Alicante, can only be done solely for research purposes by faculty and doctoral degrees, and not for teachers and raises the question.

In addition, this assumption would not enter the private copying exception by which individuals make unauthorized copies of intellectual works for personal use and non-profit, according to the Intellectual Property Law.

(ST Audiencia Provincial de Zaragoza (section 5) no. 708/1998 of 2 December)


  • educational purposes "in the photocopier I can leave my college or center for my students, a copy of my notes which includes small fragments of several books with author data

is lawful to include in one's own work, such as a teacher's notes, excerpts from other outside of written, already published, provided it is done by way of quotation or for analysis, commentary or for teaching critical thinking or research, indicating the name of the author and the force used.

In this case no communication is made public, because only students acquire the notes.

(ST Audiencia Provincial de Sevilla (Section 6) no. 533/2003 of 30 October)


  • What are the factors we must take into account that the reproduction of a work is lawful?

- The fate and character of use and mainly , the commercial nature of that or being transferred to non-profit.

- The nature of the copyrighted work.

- The amount and substantiality of the portion used in relation to the whole protected work

- The influence of the use upon the potential market for the copyrighted work or its value.

(ST Audiencia Provincial de Zaragoza (section 5) no. 708/1998 2 December)

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University library - Intellectual Property


Universidad de Alicante
Carretera de San Vicente del Raspeig s/n
03690 San Vicente del Raspeig
Alicante (Spain)

Tel: (+34) 96 590 3400 Exts. 1225 y 1226

Fax: (+34) 96 590 3464

For further information: informacio@ua.es, and for enquiries on this web server: webmaster@ua.es

Carretera San Vicente del Raspeig s/n - 03690 San Vicente del Raspeig - Alicante - Tel. 96 590 3400 - Fax 96 590 3464