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Limits on copyright

 

Time Limit

 

The work will go into the public domain 70 years after the death of the author, beginning on January 1 of the year following his death or declaration of death (Art. 26 and 30 TRLPI). This rule applies only in relation to property rights. The work may be exploited, but always respecting the moral rights of paternity and integrity.

If there has been co-authorship, 70 years shall commence from the death of last author. In the case of collective works ofrunknown authorship, the protection period is 70 years from disclosure. If it works composed or derived from, the time computed independently for the existing work and for works composed or derivative (art. 28 TRLPI).

In the posthumous works its protection is set at 70 years after the creation of the work, unless it can apply the basic rule (Article 27 TRLPI).

The other terms of related rights, the majority are 50 years from the interpretation, recording, production of the phonogram or 25 years from the making of a photograph or the disclosure or publication.

 

Other restrictions or exceptions

 

  • Parody is permitted (Art. 39 TRLPI).
  • It authorizes the use of papers and articles on current topics and lectures, speeches and reports to the courts, which have been delivered in public (Art. 33 TRLPI).
  • It allows the use of works to be seen or heard on the occasion of current information (Art. 35.1 TRLPI) and those works permanently located on public roads, provided it is done in order to report on activity (Art. 35.2 TRLPI).
  • Among the exceptions in favor of teaching and / or research and access to culture is:
    • The use of isolated fragments or full works, including paintings, photographs, etc. by way of summons (Art. 32.1 TRLPI), indicating the author and source.
    • Playback for research or conservation, nonprofit, for museums, libraries, record libraries, film libraries, newspaper libraries or archives or publicly owned integrated cultural or scientific institutions (Art. 37.1 TRLPI).
    • The use of databases for illustration for teaching or scientific research.
    • The use of small fragments of works or individual works of plastic character or figurative photography to illustrate lessons from regular education teachers, if not from textbooks or university textbooks (Art. 32.2 TRLPI).
    • The library loans (Art. 37.2 TRLPI).
    • Playback, loan and consultation through dedicated terminals (Art. 37.3 TRLPI).
  • No need authorization acts of reproduction, distribution and public communication of works already disclosed that performed for the benefit of persons with disabilities (Article 31 bis. 2 TRLPI).
  • The lawful use of copyrighted works or public safety requirements for the proper development of formal procedures, judicial, parliamentary or administrative (Art. 31 bis.1 TRLPI).
  • It authorizes the temporary copies of a technical nature (Article 31.1 TRLPI).
  • It allows private copying by individual, except for databases and computer programs (Art. 31.2 TRLPI).
  • On behalf of legitimate users are permitted:
    • The use of databases (Article 34.1 TRLPI).
    • The use of cable and satellite for a public communication authorized (Art. 36.1 and 2 TRLPI).
    • The completion of technical copy for the purpose of broadcasting (Article 36.3 TRLPI).
  • You do not need permission from the author for the performance of musical works, provided that such official events and religious ceremonies that are freely accessible to the public and the performers do not collect specific remuneration (Art. 38 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