Business and Justice

Archive for the ‘Intellectual Property’ Category

The author, as holder of an intellectual property right has two types of rights:

1). Personal rights or moral rights:
They are inherent rights that belong to the author or performer throughout his life and his death, passed to their heirs.
These rights include:
- The recognition of the status of author or artist of the work.
- Respect for the integrity of the work or performance.
- prevent any distortion, modification, alteration of the work detrimental to their interests or threaten his reputation.
- modify the work respecting the rights acquired by third parties and the need to protect cultural property.
- decide whether the work is to be disclosed and how.
- Determine if such disclosure is to take his name, under a pseudonym or anonymously.
- withdraw the work of trade if they change their intellectual or moral convictions, after compensation for damages to the holders of exploitation rights.

2). For property rights. In this case one should distinguish between:
- rights relating to exploitation of the work, and between them:
Exclusive rights: are those who allow their holder to obtain a return or a price to authorize the exploitation of his work a certain way.

The mere remuneration rights or “compulsory licensing” are those recognized by law for certain holders and allow them to require the person using his work to pay a sum of money. This amount can be determined by law (legal license required), or fixed by any other procedure.

The exploitation rights of a work by the author last a lifetime and extend to 70 years after his death or declaration of death. The exploitation rights in anonymous works and pseudonymous signature, last 70 years the lawful disclosure thereof.

Regarding the exploitation rights to artists, performers, generally have a term of 50 years from the year following the performance (the operating rights of photographs last 25 years).

When a contract of employment or contract for services between the author and an enterprise, other than the same stated otherwise, it is understood that the author of the play conveys the right to exploit it to the employer.

Thus, he may not have work for a different purpose to the exercise of entrepreneurial activity. The same applies in the case of the performance of a work where the employer has the exclusive rights to authorize reproduction.

- Countervailing duties, including the right to compensate for private copying of intellectual property rights foregone because of reproductions of works exclusively for private use of the copier.

They are subject to intellectual property, all original literary, artistic or scientific creations expressed in any manner or medium.

These creations include, for example:
* The books, pamphlets, printed matter, writings, speeches, lectures, reports, academic and any other work of the same nature.
* The musical compositions with or without words.
* Dramatic and dramatic-musical, choreographic and mimed, in general, plays.
* Cinematographic works and any other audiovisual work.
* The sculptures and paintings, drawings, engravings, lithographs and comics, cartoons or comics, as well as drafts or sketches and other works of art, whether or not implemented.
* Projects, plans, models and designs from architecture and engineering.
* The charts, maps and drawings relating to topography, geography and general science.
* Photographic works and the like.
* Computer programs.

They are also the subject of intellectual property (subject to copyright that may exist on the original work):
* The translations and adaptations.
* The revisions, updates and annotations.
* Compendia, summaries and extracts.
* The musical arrangements.
* The transformation of a literary, artistic or scientific.