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Holders of intellectual property

 

Author of a literary work, artistic or scientific is the natural person that creates it (Art. 5 TRLPI). He has recognised the rights of personal and patrimonial nature that attribute him the full disposal and the exclusive right to the exploitation of his work, without more limitations that those established in the Law (Art. 2 TRLPI).

But it is not the same to be author than holder of author's rights. The headline of rights of author will be able to be the author or another distinct person. If it is the author will speak of headline originario, pues his titularity has been born with the same condition of author, like creator of the work. If the titularity corresponds to distinct person of the author, will be derivative headline, since his condition of headline of rights of author proviene of an agreement of cession or of licence with the author.

Individual persons will be the authors, original holders of the rights, whereas legal persons will be able to be holders and have the ight and benefit of legal protection (Art. 5.2 TRLPI). Nevertheless, authorship will be able to be recognised to legal persons in the case of computer programs (Arts. 97 and 98.2 TRLPI) and in the rperformance of collective works (Art.8 TRLPI).

If the work is anonymous or with pseudonym, the rights will correspond to the one who release it with the consent of the author, whereas the author's identity is not reveal (Art. 6.2 TRLPI).

The authorship can be individual, but also plural  with the intervention of more than an author. The Law distinguishes three supposed:

  • Collaborative work.- The work is the unitary result of the collaboration of several people. The authorships belong to all of them and so the rights, but not necessarily in the same proportion (Art.7 TRLPI).
  • The collective work.- The work is created with the personal contribution of distinct authors, under the initiative and coordination of a physical or juridical person that edits it and spreads. Corresponding him, to this last, the titularity originaria of the intellectual property, whereas the coautores do not have right, except pact against (Art.8 TRLPI).
  • The compound work.- The work is created with the incorporation of a pre-existing work without the collaboration of the author of the latter, without perjuicio of the right that to this correspond and of his necessary permission (Art.9 TRLPI).

    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