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Works

The WIPO Copyright  Treaty (WCT) states that " The copyright protection will comprise expressions but not ideas, procedures, methods of operation or mathematical concepts as such" (Art. 2).

In our Text of the Intellectual Property Law (PDF) the object of protection of intellectual property is any original literary creation, artistic, scientific expressed by any means or medium, tangible or intangible, currently known or invented in the future (art. 10.1 TRLPI) .

The protection of copyright covers the originality in the expression of an idea but not the idea itself.

 

Protected works

  • The art. 10.1 TRLPI makes the following list:

a) The books, brochures, forms, collections of letters, writings, speeches and addresses, lectures, forensic reports, plenary lectures and any other works of the same nature.

b) musical compositions with or without lyrics.

c) drama and drama-musical works, choreography, pantomimes, and in general, theatre plays.

d ) cinematographic works and any other audiovisual works.

e) sculptures and paintings, drawings, engravings, lithographs and comic strips, cartoons or comics, as well as essays or sketches and other plastic works, whether applied or not.

f) projects, maps, models and, architectural and engineering designs.

g) graphs, maps and drawings of topography, geography and general science.

h) photographic works and works expressed by a process analogous to photography.

i) computer programs.

  • The title of a work, if original, will be protected as part of it (art. 10.2 TRLPI)
  • Derivative works (Art. 11 TRLPI)

Without prejudice to the copyright on the original work, the following will also be object of intellectual property:

  1. translations and adaptations.
  2. patches, updates and annotations.
  3. compendia, summaries and extracts.
  4. musical arrangements.
  5. any alterations of a literary, artistic or scientific work.
  • Collections and Databases (Art. 12 TRLPI)

1. In the terms of Book I of this Act, the following items will also be object of intellectual property: collections of others' works, data or other materials such as anthologies and databases for the selection or arrangement of their contents which constitute intellectual creations, without prejudice, where appropriate, aof ny rights subsisting in those contents.

The protection granted by this article to these collections refers only to its structure as a form of expression of the selection or arrangement of their contents, not being extended to them.

2. For the purposes of this Act and without prejudice in the previous section, data bases are considered collections of works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or otherwise.

3. The protection accorded to databases under this Article shall not apply to computer programs used in the manufacture or operation of databases accessible by electronic means.

      
  • Multimedia works

A multimedia work is a form of audiovisual work that contains text, still and moving images, sounds and graphics, through digital technology, in a computer, endowed with a greater or lesser degree of interactivity. It is characterized by the fact that you can interact with it.

The multimedia work to be composed of music, sound, images, etc. May not have a uniform legal response. Each piece contained in a multimedia work will have its own system of protection.

Although the Copyright Act does not mention it if is given in the Art 14.o) of the Regulations of the Registry of Intellectual Property Royal Decree 281/2003 of 7 March.

Excluded works

  • No Intellectual property shall be the laws or regulations and related projects, decisions of the courts and acts, agreements, deliberations and rulings of public bodies and official translations of all texts above (Art. 13 TRLPI )
  • Intellectual property does not apply to news of the day or to miscellaneous facts having the character of mere items of press information (Art. 2 paragraph 8) of Berne Convention )

 

 

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