INTELLECTUAL PROPERTY

Web content dissemination

Some legal aspects that website or intranet creators have to take into account when they wish to disseminate third-party works (images, videos, magazine articles, book chapters, ...) without having them the corresponding exploitation rights.

Works with a "copyleft" license
  • Some authors put their works at the disposal of the international community through copyleft type licensing, with which they can indicate to the person who will use them of what permissions they have to do it and under what conditions.
  • Users who use one of these works may do so without having to request authorization from the author and/or owner of the exploitation rights, as long as they respect all the conditions included in the license.
  • For example, works subject to Creative Commons licenses can be reproduced, distributed and publicly used, although the author can also authorize other uses such as modifying and / or marketing them. In any case, they always have to quote and recognize the original authors.
Works of public domain

The 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 that are not subject to intellectual property

As established by art. 13 of the Intellectual Property Law (LPI), the following documents are not subject to intellectual property and, therefore, they can be freely communicated without any restrictions or authorization.

  • Legal or regulatory provisions, and their corresponding projects (eg, DOCE, BOE or Official Gazettes of the Autonomous Communities)
  • Resolutions of the jurisdictional bodies and the acts, agreements, deliberations and opinions of the public bodies
  • Official translations of all previous texts

It should be noted, 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 (eg, Aranzadi).

Works permanently located on public roads The works permanently located in parks, streets, squares or other public places can be reproduced, distributed and freely communicated through paintings, drawings, photographs and audiovisual procedures (art. 35.2 LPI).
Security, official procedures and disabilities

As established by art. 31bis i have the LPI:

1. Authorization is not necessary when a work is reproduced, distributed or publicly communicated for public security purposes or for the proper development of administrative, judicial or parliamentary procedures.

2. The acts of reproduction, distribution and public communication of works already disclosed that are made for the benefit of people with disabilities do not need authorization, provided these acts are not lucrative, have a direct relation with the disability in question, they are carried out through a procedure or means adapted to the disability and will be limited to what this demands.

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

As set forth in the first section of the art. 32 of the LPI, the authors can include a work of their own fragments of works or isolated works of a plastic or photographic figurative nature (photographs, images ...) others if these are used as an appointment or review:

  • The fragments or visual works used must be works already disclosed
  • The work itself that includes the cited fragment or image must be done for educational or research purposes
  • The fragment or image should be used as a citation or for analysis, comment or critical judgment (never with other uses, for example, decorative purposes)
  • The amount of the work used must be sufficiently measured, reproducing only what is necessary to illustrate the subject matter of explanation or analysis
  • The original source and name of the author must be indicated
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 communicate publicly small fragments of works and works of plastic or photographic figurative nature, for no commercial purpose and to the extent necessary, as long as:

  1. These are works already disseminated
  2. The works are used as an illustration of educational activities (face to face or distance) or for the purpose of scientific research.
  3. The works can not be textbooks, university manuals or assimilated publications. In this case, only the distribution of copies between the researchers of specific research projects is allowed, as well as the inclusion by the teaching staff of a web link where students can legally access the work.
  4. The author and source are cited, except where it is not possible
  • A small fragment of a work is understood as an extract or portion quantitatively insignificant over the whole of it.
  • Authors and publishers shall not be entitled to any remuneration for the performance of these acts.
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:

  1. The works are only used for educational or research purposes.
  2. Only one can reproduce, distribute or publicly communicate book chapter, article from a magazine (or equivalent extension of an assimilated publication), or an assimilated extension to 10% of the total work (being indifferent if the copy is carried out through one or several acts of reproduction).
  3. The permissible acts will be carried out only at universities or public research centers, with their own means and personnel.
  4. The distribution of copies will only be made between the student and the PDI of the center in which the reproduction is made, or publicly communicated works are of restricted access to the student and the PDI of the center where the reproduction is made, through internal and closed networks and within the framework of the distance education program offered by this center (teaching intranets).
  • Regarding the compulsory economic compensation, the 29 of March of 2016 published the "Agreement no. 41 / 2016 of the Council of Government, by which approves the adhesion of the UPC The agreement between the CRUE and the CEDRO and VEGAP copyright management entities.
  • According to this Agreement, the adhesion of the UPC to an agreement between the CRUE, CEDRO and VEGAP, whose purpose is to establish the amount to be paid to CEDRO and VEGAP by the Spanish universities associated to CRUE.
  • Excluded from the compulsory compensation to authors and publishers of works exploited with previous specific agreements between universities / research centers and rights holders, or those of which universities / research centers are the owners of the rights.

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. The translations, the adaptations for children, abstracts and extracts, theatrical versions, modifications of images or logos, are derived works ...

It should be taken into account that the published work parodies are not considered transformations that require the consent of the author of the work object of parody, as long as they do not involve a risk of confusion with this one nor do they impair the original work or its author.

Except for the works subject to a license Copyleft, that allows the creation of derivative works, the works that are of public domain, or the exempt works Of intellectual property, no work can be transformed without the authorization of the author or holder of rights.

Many of the information resources of Bibliotècnica, the digital library of the UPC (databases, e-books, e-journals ...) are subject to the use clauses that mark the licenses of the provider of the product to which the service is contracted.

The works contracted by the Library Service, Publications and Archives of the UPC They can only be used in accordance with the conditions of use included in the our website.

In cases where all the requirements detailed in the preceding sections are not fulfilled, only works by third parties can be used if the authorization of the author and / or owner of the exploitation rights is available, or one collective rights management entity (if the author is one of its associates).

The collective management entities of intellectual property rights 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).

If you do not obtain the authorization of the rights holder, you can always indicate the bibliographic reference of the document you are referring to your own work or the academic web (so that users can obtain their copy individually).

Last update: 22 / 05 / 2019