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 among which are the right of the author to be recognized as such. |
| Exploitation rights | Reproduction or copying: digitization, photocopying ... |
| Distribution of physical copies: sale, loan, rental ... | |
| Public communication without physical copies: dissemination 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 exploitation rights can be assign to third parties Exclusively or non-exclusive.
| Exclusive assignment | allows the assignee to exploit the work to the exclusion of any other person (including the assignor himself) and, unless otherwise agreed, the granting of non-exclusive authorizations to third parties. For example, an author of a journal article cannot post it on the Virtual Campus if he has exclusively ceded the exploitation rights to the journal where 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 law:
| Art 51 LPI |
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| Art 7.6 Regulation UPC |
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As stated in Article 6 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 line with the cited article, it is recommended that authors declare their authorship in a visible place in the 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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| Main | 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 logo of the UPC. |
| 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
In the case of most teaching materials, since it is not published books, it is not necessary to write all the data, but it would be advisable, at least, to show the place and date of printing - even by reprogramming means such as photocopies - and, if applicable, the legal deposit number. It is also convenient to add the symbol of copyright, and differentiate if the content responds to the work of a group of people (in this case the name of the school or center should be stated) or if it is the result of only one person (in this case the copyright would be personal) . In particular, the following aspects must be taken into account on our website:
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The PDI author of a teaching material can disseminate it on the Virtual Campus as long as it holds the corresponding exploitation rights, which means that:
Although the Virtual Campus of the UPC is an intranet with access restricted to members of the university, only those works that have the authorization of the author and / or person holding the exploitation rights (or a collective rights management entity, if the author is one of its partners).
If you do not have this authorization, you can only publicly communicate teaching materials in the specific cases established by the Intellectual Property Law (LPI):
| Works that are not subject to intellectual property |
As stated art 13, of the LPI, the following documents are not subject to intellectual property and, therefore, may 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 | 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 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 author and / or person in charge of the exploitation rights, or of an entity of collective management of rights (if the student is one of its associates).
However:
Teachers, 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 theart. 32 of the LPI:
As established in the first section of theart. 32.1 of the LPI, the authors may include in their own work fragments of works or isolated works of a figurative plastic or photographic nature (photographs, images ...) of another if these are used as a citation or review:
The PDI may 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 (art. 32.3 and art. 32.4 of the LPI):
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Authorized users |
Works that DO NOT they can be used |
Proportion allowed |
Terms of use |
Economic compensation |
|---|---|---|---|---|
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- TO the teachers of regulated education taught in centers integrated into the Spanish education system - Staff of universities and public research centers |
- Textbooks, university manuals or similar publications (1) - Music scores and disposable works (e.g., an exercise book) - Compilations of fragments or of isolated plastic / photographic works |
- Small works fragments (max. 3% of the work) (2) - Isolated works of a plastic / photographic nature (images, etc.) |
They must be works already disseminated |
There is no right to remuneration for authors / publishers |
(1) only copies may be distributed among researchers of specific research projects. University faculty and staff from universities and public research centers may use these teaching materials as detailed in the table below.
(2) University faculty and staff from universities and public research centers may use larger proportions as detailed in the table below.
|
Authorized users |
Works that DO NOT they can be used |
Proportion allowed |
Terms of use (4) |
Economic compensation |
|---|---|---|---|---|
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- NOT MORE university teaching staff - Staff of universities and public research centers |
- Music scores and disposable works (e.g. exercise books) - Compilations of fragments or of isolated plastic / photographic works |
- A book chapter - A journal article (or equivalent extension of a similar publication) - Extension assimilable to 10% of the total of the work (3) |
- Only copies can be distributed between the student and the PDI of the center - Only the students and PDI can access the published works (closed intranets) |
The center must pay a financial compensation obligated to the entities of management of copyright (5) |
(3) Whether the copy is made through one or more playback acts.
(4) The permitted events can only be done with the means and staff of the university or research center.
(5) On March 29, 2016 theAgreement no. 41 / 2016 of the Council of Government, by which approves the adhesion of the UPC to the agreement between the CRUE and the CEDRO and VEGAP copyright management entities:
By means of this agreement, in force since the last express renewal, the amount to be paid to CEDRO and VEGAP by the Spanish universities associated with CRUE was established, as equitable remuneration for authors and publishers (in accordance with theart. 32.4 of the LPI).
There remains a pending tool for the creation of a computer tool to determine the uses of the chapters or articles available on the Virtual Campus. When this tool is available, CRUE, CEDRO and VEGAP will negotiate a new agreement based on the data provided by the application.
In the event that the teacher does not have the authorization of the holder of the rights or cannot benefit from the right of citation / teaching illustration, he can always indicate the bibliographic reference of the document so that the student obtains his copy individually.
In cases where the PDI cannot be covered by the right of illustration for educational or research purposes, fragments / parts of works or entire visual works of another may only be disseminated on the Virtual Campus if the '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 Bibliotècnica, 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 the works are allowed or excluded (for example, creation of teaching dossiers with restricted access to the Virtual Campus, public communication of the contents only during the academic period ...).
Therefore, only those e-resources contracted can be disseminated on the Virtual Campus licenses of which they authorize it.
However, the contracted work can always be referenced on the Virtual Campus by means of its bibliographic citation
The doctrine of the Spanish provincial audiences allows the inclusion of web links to the works themselves, 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 advisable to incorporate in the own web (IPR Helpdesk, 2004):
| Illegal contents | Links to pages with content susceptible to violating national legislation (child pornography, terrorism apology, etc.). |
|---|---|
| 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, summaries 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 person holding the exploitation rights, or of a collective rights management entity (if the original author is one of its associates).
As detailed on the page "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.
Teachers who author teaching materials who wish to offer them in open access can deposit them in the repository. UPCommons or, in the case of audiovisual documents, on the portal Zonavideo UPC (whose metadata is also retrieved fromUPCommons).
On the other hand, Apren is a portal that facilitates access to content developed by the teachers of the UPC as a tool to support their teaching activity, which is nourished by the teaching materials deposited in UPCommons almost Zonavideo UPC.
The main types of teaching content currently provided in Apren are:
Apren it also recovers faculty-led academic work UPC
