Intellectual property is the set of rights that correspond to the authors with respect to the works they have created.
Intellectual property according to the World Intellectual Property Organization (WIPO) is essentially divided into two branches:
In the European and national continental scope, the concepts of intellectual property and copyright are usually assimilated.
In the Spanish legal framework, the Intellectual Property Law (LPI) refers exclusively to copyright and other related rights while industrial property is protected by the laws of patents, trademarks, etc.
Copyright is the faculties, moral and exploitation, that are recognized to the author of a literary, artistic or scientific work by the mere fact of its creation, whether published or unpublished.
Copyright is of two types:
We can order them in:
They grant authors the right to request economic compensation for the exploitation of their work, to which they can not oppose. For example, for acts of reproduction such as private copying, for acts of distribution such as loans or for acts of communication to the public such as audiovisual works among other cases.
There are also other related or related rights, which protect creative activities corresponding, fundamentally, to artists, performers, photographers, producers of phonograms and audiovisual recordings and to broadcasting entities.
Author of a literary, artistic or scientific work is the natural person who creates it. It has recognized the rights of personal and patrimonial character that attribute the full disposition and the exclusive right to the exploitation of his work, without more limitations than those established in the law.
But it is not the same to be an author as the owner of copyright . The copyright owner may be the author or another person if it comes from a contract of assignment or license with the author.
Legal persons may be owners, have rights and benefit from legal protection. However, authorship may be recognized to legal persons in the case of computer programs and in the performance of collective works. Legal persons may be holders of economic rights, but never of moral rights.
Authorship can be individual, but also plural with the intervention of more than one author. The Law distinguishes three assumptions:
The author of a work is presumed to whoever appears as such in it, by means of his name, signature or sign that identifies him. Anyone who discusses the authorship of a work must prove that the person who claims to be the author is not.
The WIPO Copyright Treaty provides that "copyright protection shall cover expressions but not ideas, procedures, methods of operation or mathematical concepts per se"
At our LPI , the object of protection of intellectual property "is any original literary, artistic, scientific creation expressed by any means or support, tangible or intangible, currently known or invented in the future"
The protection of copyright protects the originality of the expression of an idea and not the idea itself.
All original literary, artistic or scientific creations expressed by any medium or support, tangible or intangible, that currently exists or is invented in the future are the subject of intellectual property.
The general term of the rights of exploitation of the work is the life of the author and seventy years after his death or declaration of death. There are other deadlines according to types of works or rights, as well as for the works of authors who died before 1987.
The work will become public domain after 70 years since the death of the author, counted from January 1 of the year following his death or declaration of death. However, if the author has died before December 7, 1987, the term will be 80 years. This rule applies only in relation to economic rights. The work may be exploited, but always respecting the moral rights of paternity and integrity.
If there has been co-authorship, the 70 years will begin to count from the death of the last author. In the case of collective works or works by an unknown author, the term of protection is 70 years from its disclosure. In the case of composite or derivative works, the terms are computed independently for the pre-existing work and for the composite or derivative work.
In posthumous works, their protection is fixed at 70 years from the creation of the work, unless the basic rule can be applied.
The related rights have other terms, most are 50 years since the interpretation computed from January 1 of the year following that of the performance, as well as if a recording of the performance is published or communicated. On the other hand, if the publication or public communication of the recording takes place in a phonogram, the rights expire at 70 years.
The Intellectual Property Law distinguishes between “photographic works” and “mere photographs”. The photographic works are those that present novelty in the sense that they are creative or have been created by a recognized author. It becomes public domain after 70 years of the author's death.
Mere photography is that which is not original in any of the two previous aspects, that is, that lacks any creative or intellectual vision. It is in the public domain 25 years after the author's death.
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