The law grants the author of a work all rights over it, which are moral rights i operating rights.
| Moral rights | Set of irrevocable and inalienable rights between which the author's right to be recognized as such is found, as well as the right not to modify the work itself without his authorization. |
| Exploitation rights | Reproduction or copy: digitalization, photocopy ... |
| Distribution of physical copies: sale, loan, rent ... | |
| Public communication without physical copies: broadcast on the Internet or other networks, exhibitions, presentations, audiovisual projections ... | |
| Creation of derivative works: translations, summaries, adaptations ... |
It should also be taken into account that operating rights can be transferred to third parties exclusively or non-exclusive.
| Exclusive assignment | It allows the assignee the exploitation of the work with the exclusion of any other person (including the own assignor) and, unless otherwise agreed, the granting of non-exclusive authorizations to third parties. For example, an author of a magazine article can not upload it to the Virtual Campus if it has exclusively granted exploitation rights to the magazine in which it was published. |
| Non-exclusive transfer | It allows the assignee to use the work according to the terms of the assignment and in concurrence with other transferees as well as with the transferor himself. |
In relation to salaried authors, it must be considered that, as established by the51 article of the LPI:
You can only use a work if the use you wish to do is contemplated in any of the exceptions established by the law, or if you have the consent of the exclusive owner of the exploitation rights.
On the other hand, the collective management entities of intellectual property rights They are associations that, through the granting of licenses or authorizations prior to payment, allow third parties to use the works of their repertoire (repertoire formed by the works of the authors associated to the entity).
As stated in article 6è of the Intellectual Property Law (LPI), the person who appears as such in the work, through the name, signature or a sign that identifies it, is considered author, unless there is a proof to the contrary, (if the work is disclosed anonymously or with a pseudonym or a sign, the exercise of intellectual property rights corresponds to the natural or legal person that disseminates it with the consent of its author).
In accordance with the mentioned article, it is recommended that the authors declare their authorship to a visible place of publication. Specifically, as detailed in the document "Design and elaboration of teaching materials, prepared by the UPC.
| Place of publication | Items to include |
|---|---|
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Cover |
Since it is the first contact that the reader will have with the work, you must not forget the following elements:
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| Home | Normally it consists of a repetition of the cover. You can avoid any of the elements that have appeared on the cover, such as the UPC logo. |
| Credits page |
It is the first couple page of the work (number 2), since it is the one that appears on the back of the cover, and its mission is to indicate certain concrete data
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The PDI author of a teaching material can be disseminated to the Virtual Campus provided that it is the holder of the corresponding exploitation rights, which means that:
Although the UPC Virtual Campus is an intranet, restricted access to the members of the university, the public communication of teaching materials can only be done provided that the requirements established by the Intellectual Property Law (LPI) .
| Works that are not subject to intellectual property |
As established art 13, of the LPI, the following documents are not subject to intellectual property and, therefore, they can be freely communicated without any restriction or authorization. It must be taken into account, however, that this is the case only if you have the original official texts or sources, not the texts extracted from other publications or databases (e.g., Aranzadi).
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|---|---|
| Works that are public domain | For works of public domain These are those whose exploitation rights have been extinguished and which, therefore, can be used freely by any person provided that the authorship and the integrity of the work are respected. |
| Works subject to a "copyleft" license | Some authors put their works at the disposal of the international community through licenses of use of the type Copyleft, with which they can clearly indicate to the person who will use them of what permits they have to do it and under what conditions.
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Only those academic works that have the authorization of the student and / or owner of the rights of exploitation, or a collective management entity of rights (if available) are available to the Virtual Campus, Student is one of his associates).
The teaching staff, in their academic work, may reproduce, distribute and / or communicate fragments / parts of works and / or images of third parties, provided that the conditions established in the corresponding sections of the article are respected.art. 32 of the LPI:
| Appointment law | |
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As set forth in the first section of theart. 32 of the LPI, authors may include pieces of works or isolated works of a plastic or photographic figurative nature (photographs, images ...) of others if they are used as an appointment or review:
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| Right of illustration for educational or research purposes | |
| Teaching centers of regulated education and public research bodies |
The regulated teaching staff (university and non-university) taught in centers of the Spanish educational system and the personnel of universities and public organisms of scientific research can copy, distribute and publicly communicate small fragments of works and isolated works of a plastic nature or photographic figurative, for no commercial purpose and to the extent necessary, as long as:
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| Universities and public research centers |
In the specific case of universities and public research centers, parts of works (printed or susceptible to being) can be reproduced, distributed and publicly communicated, including textbooks, university manuals or assimilated publications, with a Compulsory economic compensation, as long as:
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| Any educational center |
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Therefore, the POI can reproduce, distribute and / or communicate fragments / parts of works and / or images of third parties (already disseminated), as an illustration of educational activities or for scientific research purposes (for commercial purposes and quoting the author and the source), as detailed in the following table:
Authorized users |
Works that DO NOT they can be used |
Proportion allowed |
Terms of use |
Economic compensation |
|---|---|---|---|---|
TO the teaching staff of the regulated+Staff from universities and public research centers |
Textbooks, university manuals or assimilated publications (1)Musical scores and disposable worksCompilations of fragments or of isolated plastic / photographic works |
Small fragments of worksIsolated works of a plastic / photographic nature (images, etc.) |
They must be works already disseminated |
There is no right of remuneration for authors / publishers |
Authorized users |
Works that DO NOT they can be used |
Proportion allowed |
Terms of use (2) |
Economic compensation |
|---|---|---|---|---|
NOT MORE university teaching staff+Staff from universities and public research centers
|
Musical scores and disposable worksCompilations of fragments or of isolated plastic / photographic works |
A book chapterA magazine article (or equivalent extension of an assimilated publication)Extension assimilated to 10% of the total work (3) |
Copies can only be distributed between the student and the center's PDIOnly the student and the PDI can access the connected works (intranets closed) |
The center must pay a financial compensation obligated to the entities of management of copyright |
In cases where the PDI can not be eligible for the right of illustration for educational or research purposes, only the fragments / parts of works or other whole visual works can be disseminated at the Virtual Campus if they are available 'authorization of the author and / or holder of rights of exploitation, or of a collective management organization of rights (if the author is one of its associates).
Many of the information resources of Library, the digital library of the UPC (databases, e-books, e-journals ...) are subject to the use clauses that mark the licenses from the supplier of the product to which the service is contracted
These licenses They clearly establish which uses of works are allowed or excluded (for example, the creation of teaching dossiers with restricted access to the Virtual Campus, public communication of contents only during the school period ...).
Therefore, only those e-resources contracted can be disseminated on the Virtual Campus licenses of which they authorize it.
Nevertheless, the contracted work can always be referenced to the Virtual Campus by means of its bibliographic citation
The doctrine of the Spanish provincial hearings allows the inclusion of web links to the own works, although it is always preferable that these be accompanied by the corresponding bibliographic citation.
On the other hand, it is necessary to consider some types of links that would not be recommended to incorporate into the web itself (IPR Helpdesk, 2004):
| Illegal contents | Links to pages with content susceptible to violating national legislation (child pornography, terrorism apology, etc.). |
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| Frames or pictures | Use of frames or frames (frames), so that it is viewed through another site's own website. This practice is very detrimental to the linked site, because the content is used to attract visits, so that the site itself would increase the number of visits, with the increased prestige and advertising possibilities that this implies, to the detriment of the linked site. |
| Internal links |
Inclusion by means of an internal link in the own page of an information (text, photography, logo, etc.) that induces the user to confusion due to not indicating the actual origin of that information. The fact of directly linking a "homepage" page of a website through a deep link could be detrimental to the owner of the linked page because the visit would not be accounted for not to go through the main page, although This depends on the settings of the page view counter. This is probably one of the most difficult recommendations to follow, since for the user of a website, the most interesting thing is that if you offer direct address. |
The right of transformation is the right to translate, adapt or carry out any other modification in the form of a work from which a different work is derived: translations, adaptations for children, abstracts and extracts, theatrical versions, modifications of images or logos ...
The intellectual property rights of the work resulting from the transformation (translation, adaptation, etc.) correspond to the author of the latter, without prejudice to the rights of the author of the pre-existing work.
Derivative works can only be made if one is available.authorization of the author and / or holder of rights of exploitation, or of a collective management organization of rights (if the original author is one of its associates).
As detailed in the "Recording of academic activities", there are several legal aspects that must be taken into account in the Recording and / or dissemination of academic activities in which individuals appear, in order to protect your right to honor, personal and family privacy and the image itself.
