Part 3 Chapter `1 Flashcards
What are Author’s rights and related rights?
- Intellectual works, original creations, from literary, artistic or scientific domains in any way exteriorized (author’s rights)
- As well as performances of artists; producers of phonograms and video gram and broadcasting orgs. (Related rights)
What works are protected under copyright?
- Novels, leaflets, magazines, and other writings
- Conferences, speeches, sermons
- Theatre plays, musical plays and their staging
- Choreographies
- Musical compositions, with or without words
- Films, television and radio programs
- Drawing, tapestry, paintings, sculpture, ceramics, tiles, engravings and lithographs and architecture
- Industrial designs or models and other designs that constitute artistic creations
- Maps
- Slogans
- Computer programs and data bases
Do author’s rights protect, ideas, processes or concepts?
No, only its form of expression
What is considered ownership?
As a general rule, author’s rights belong to the intellectual creator of the work, unless otherwise expressly provided
Go into detail about the ownership of author’s rights
Under a services agreement, where the work is executed by order of the other party or on behalf of a third party, either in compliance with one’s functional duties or with the terms of one’s employment contract, is determined with what was agreed between the parties.
In the absence of the referred agreement it is assumed that the intellectual creator owns author’s rights.
What if the name of the creator is not mentioned?
It is then assumed that ownership of the copyright belong to the employer.
What is specific compensation when it comes to author’s rights
When ownership of author’s rights belongs to the employer, the creator can demand, in addition to the agreed remuneration and regardless of whether the word was already published or disclosed, a specific compensation
In what situations would that be the case
- In cases where the intellectual word undoubtedly exceeds the purpose or the task or the task for which it was created.
- In the cases where he word is used or advantages are obtained that were not included in the amount of the original compensation
What about in the case of collective work?
Organized upon the initiative of a single or collective entity and disclosed or published in its name, is, as a gernal rule, owned by the single or collective entity that has organized and directed its creation and on behalf of whoever has been disclosed or published
What about in the case of software and data bases?
Although protected under copyright, are subject to special legislation. As a general rule, ownership of software and data bases developed within a company/under an employment contract belongs to the employer, unless otherwise stipulated (and are considered collective work).
What are the rights granted by author’s rights
Economic, personal and moral rights.
Economic rights: author holds exclusive rights to use and enjoy its work as well as to authorise its use and enjoyment by third parties
In fact the owner of the economic rights, can directly or through its representatives (notably collective management entities), allow or authorize any form of use of the work:
1. Publication
2. Public performance or exhibit
3. Reproduction
4. Recording
5. Adaptation
6. Broadcasting by television, radio, cable or satellite
7. Translation, adaptation, instrumentation or any other transformation
8. Any form of distribution, such as sale or renting
9. Its use, incorporation in a different work
What are moral rights in this case
Regardless of these economic rights, and even after its transfer or extinction, the author has the right to claim authorship and defend its integrity, to oppose its destruction, mutilation, deformation or any other changes/alterations that could harm the creator’s honor and reputation.
What are limitations/Exceptions to this rule
Use of a work protected under author’s rights depends on the prior authorization of the owner of the rights. However, few very limited and exceptional cases, the use of the work does not require authorization of the right’s owner.
Ex. Private use, bought a book to read for yourself, not to distribute or anything.
What is the duration of author’s rights?
Author’s economic rights: lapse 70 years after the death of the author, moral rights never lapse
The rights granted to the creator of a computer programme: 70 years after his death.
Related rights: lapse 50 years after the performance of the artist; the first recording by the producer of the videogram or phonogram, after the first broadcast, by wire or over the air, including by cable or satellite.
Registrations of author’s rights
Protection under author’s rights, is obtained automatically without the need for registration.
However, registration is advisable to help prove authorship/ownership of author’s rights, in case of disputes.
