When it is a book chapter, journal article or extension equivalent to 10% of the total work, the authorization of the author or editor is not necessary but they are entitled to a remuneration for it, except in the case that the university is the owner of the rights of the distributed work.
However, the law does not say anything about the distribution of full copies of documents for educational purposes, so in this case it would be necessary to have the authorization of the owner of the copyright.
When the reproductions are made exclusively for research or conservation purposes, for non-profit purposes, by museums, libraries, libraries, film archives, newspaper archives or archives of public ownership or integrated in cultural or scientific institutions (Article 37.1 LPI).
If we want to publish the paper in a tangible medium (paper, CD, etc ...) we will do acts of reproduction by copying the work and distribution acts if we subsequently make the copies made available to the general public.
As reproduction and distribution rights are exclusive to the author of the paper, it will be necessary to request authorization. But if the author of the paper informs us that he has previously given those rights to a third party with exclusive character, we must contact the latter to authorize us.
No, well, although art. 37 of the LPI allows the reproduction of a work in a cultural institution, such as the University of Alicante, it can be done exclusively for research purposes by professors and doctorates and not for teaching purposes as the question posed.
In addition, this assumption would not fall under the exception of private copying, by which individuals make unauthorized copies of intellectual works for personal use and without profit, according to art. 31.2 of the LPI.
It is lawful to include in a work of one's own, such as notes by a teacher, fragments of others of a written nature, already disclosed, provided that it is done as an appointment or for analysis, comment or critical judgment for teaching purposes. or research, indicating the name of the author and the work used.
In this case, no public communication is made, because only the students acquire the notes.
Yes, if the following conditions are met:
We will not need the author's permission when:
As on the web, copyright is protected in virtual classrooms.
Unless stated otherwise, the authors (teachers, students ...) have the rights to any content they post. They have the right to be respected the intellectual property and the authorship of their works, studies and other achievements developed in the virtual classroom environment according to the provisions of the LPI.
The materials that the teachers make available to the students in a virtual classroom can not be used for any purpose other than the personal use of the aforementioned students, unless expressly authorized by the authors of the documents or the owners of their property rights. intellectual, according to the LPI.
The use of notes, bibliographical material, etc. It is reserved for academic, teaching and training purposes. The total or partial reproduction of them by any means, as well as their dissemination and distribution to third parties is prohibited.
For materials available lawfully on the Internet we will make a reference with indication of the corresponding link. If we want to include the material itself, not only the link:
With regard to materials on paper we must take special care with the scanning and publication in the virtual classroom, because it violates the same rights as the distribution of photocopies in class without the author's permission.
In case of doubt, get in touch with the author, institution or publisher that has the rights.
Yes. The licenses of the electronic resources hired by the UA contemplate the use of the same by the users of our institution, regardless of the place where the access is placed. Some of them restrict the geographic location from which it is accessed, but not the web space in which the link is located.
The dissemination of scanned documents on web pages or on an intranet is an act of public communication and, therefore, can not be carried out without the permission of the author or the person holding the rights, except in the case of works of art. public domain or that the use is included as an exception in the Intellectual Property Law.
If we want to post the papers we will do two acts of reproduction, one when making the digital copy of the paper and another when storing the copy on our server. When giving access to the users to the paper, we will perform acts of public communication.
Both the rights of reproduction and public communication are exclusive to the author, therefore, once again, we must request your authorization. Unless you have exclusively transferred those rights to a third party, we will request your authorization.
Yes, the work is protected from the moment it is created, with the condition that it is an original creation . The author's rights in a work correspond to its author for the simple fact of having created it without requiring any special registration, although in practice it is advisable to register it in the Intellectual Property Registry , in order to have a medium test.
If the work has not been published previously and / or the author has not signed a contract of assignment of rights, the author maintains the exploitation rights on his work and, therefore, may make it accessible through any means.
If the work has been published, the author should consult the contract of assignment of rights or publication or, failing that, request the corresponding authorization from the publisher or magazine that has published the work.
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