INTELLECTUAL PROPERTY

Copyright of the teaching materials of the Virtual Campus of the UPC

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 exploitation rights can be give 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 is necessary to consider that as established by the legislation:

Art 51 LPI
  • The transfer to the employer of the exploitation rights of the work created under a labor relationship shall be governed by what has been agreed upon in the contract, which must be made in writing.
  • In the absence of a written agreement, it is presumed that the rights of exploitation have been granted exclusively and with the necessary scope to carry out the habitual activity of the employer at the time of delivery of the work carried out in virtue of this labor relationship.
  • The employer can never use or have the work in a sense or for purposes other than those derived from what is established in the previous points
Art 7.6 Legislation UPC
  • In accordance with the regime provided in article 3.2.2, they correspond to the UPC the exploitation rights on the educational materials elaborated by the Personnel of the UPC For educational purposes, in particular presentations, notes and exams, with the scope provided for in the intellectual property legislation, for use in academic, teaching and research activities in the internal field of the UPC, and respecting at all times the moral rights of the authors
  • 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 rights of exploitation
  • 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).

Design and elaboration of teaching materialsAs 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

Cover

Since it is the first contact that the reader will have with the work, you must not forget the following elements:

  • Title of the work
  • Name and surname of the author or authors
  • Name of the collection (if any)
  • School or faculty
  • Department name (optionally)
  • Logo of the UPC
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 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

  • Copyright (name and date of publication, preceded by the symbol ©)
  • Editorial editorial rights regarding editing
  • Place of printing and date
  • Legal deposit
  • ISBN (for published books)

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 fruit of only one person (in this case the copyright would be personal) . In particular, the following aspects are included in our website:

    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:

    • Previously, the rights of exploitation to third parties have not been granted exclusively (e.g., to magazines or to publishers).
    • In the case of having made this assignment exclusively, only the educational material can be disseminated on the Virtual Campus if the authorization of the owner of the rights of exploitation, or a collective management entity of rights (if the author is one of its associates).

    Although the Virtual Campus of the UPC It is an intranet of access restricted to members of the university, only those works with the authorization of the author and / or holder of exploitation rights (or one) can be disseminated. collective rights management entity, if the author is one of its associates).

    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 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).

    • Legal or regulatory provisions, and their corresponding projects (e.g., SWEET, BOE o Official bulletins 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
    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.
    • The POI that disseminates any of these works on the Virtual Campus can do so without having to request authorization to the author and / or owner of the exploitation rights, provided that it respects 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.
    In the case of not meeting any of the prerequisites, the teacher can always indicate the bibliography of the document so that the students obtain their copy individually.

      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).

      However:

      • This authorization will not be necessary in case the academic work is subject to one license "copyleft".
      • If the work is available on another webpage (e.g., Academic work UPC), you can always refer to the Virtual Campus by means of your bibliographical citation accompanied by the corresponding URL.
      • In the specific case of doctoral theses, the Royal Decree 99 / 2011 of January 28 regulating official doctoral courses establishes that, once approved, the thesis must be incorporated into an institutional repository in order to be freely consultable (except for special circumstances of confidentiality and / or industrial property established by the academic committee of the program). Therefore, if you do not have the authorization of the doctoral student or the "copyleft" license that allows their inclusion in the Virtual Campus, you can always refer by means of the corresponding bibliographic citation and URL.

      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 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:

      • 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 publicly communicate small fragments of works (Maximum 3% of the total work) and isolated works of a figurative plastic or photographic 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 are not 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 a book chapter, an article in a magazine (or equivalent extension of an assimilated publication) is reproduced, distributed, or communicated, or an assimilable extension to 10% of the total of the book or the magazine (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 the works publicly communicated are of restricted access to the student and PDI of the center where the reproduction is made, through internal networks and Closed 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.
      • This agreement established the amount to be paid to CEDRO and VEGAP by the Spanish universities associated with CRUE, in terms of equitable remuneration for authors and publishers (in accordance with the provisions of the "art. 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.

      • 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.
      Any educational center
      • No musical score, a work of a single use (for example, a book of exercises) nor the compilation of fragments of works or of isolated works of plastic or photographic figurative character can be used for educational or research purposes without the " authorization of the corresponding holder.
      • In the event that the teacher does not have the authorization of the rights holder or can not be eligible for appointment / teaching illustration, he can always indicate the bibliography of the document so that the students obtain their copy individually.

      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 works
        Compilations of fragments or of isolated plastic / photographic works
        Small works fragments (max. 3% of the work)
        Isolated works of a plastic / photographic nature (images, etc.)
        They must be works already disseminated
        There is no right of remuneration for authors / publishers
        (1) copies can only be distributed among researchers of specific research projects. University teaching staff and the staff of universities and public research centers can use these teaching materials as detailed in the table below.
        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 works
        Compilations of fragments or of isolated plastic / photographic works
        A book chapter
        A 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 PDI
        Only 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
        (2) permissions can only be made with means and personnel of the university or research center
        (3) whether the copy is carried out through one or more reproduction acts

        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).

        • If this authorization is not available, you could use a work from public domain, subject to one "copyleft" license or that not be subject to intellectual property.
        • It is also necessary to keep in mind that if the work that you want to use is part of one of the e-resources hired by the Library Service, Publications and Archives of the UPC It can only be used, respecting the conditions of the corresponding contract.
        • In the case of not meeting any of the prerequisites, the teacher can always indicate the bibliography of the document so that the students obtain their copy individually.

        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 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.).
        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.


        Last update: 22 / 05 / 2019