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 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 may not post it on the Virtual Campus if he has ceded the exclusive exploitation rights to the journal 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 law:

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 are associations that, through the granting of licenses or authorizations prior to payment, allow third parties to use the works in their repertoire (repertoire formed by the works of the authors associated with the entity).

Design and elaboration of teaching materialsAs 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

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
Title page 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 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:

    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:

    • It has not previously assigned exclusive exploitation rights to third parties (eg, magazines or 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 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).

    • 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 - 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 PDI that disseminates any of these works on the Virtual Campus, can do so without having to ask permission from the author and / or holder of the exploitation rights, as long as 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.

      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:

      Right of summons

      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 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

      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):

      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 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

      - 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) Allowed acts 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.

      • 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.
      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 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 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, 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 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.


      Last update: 09 / 06 / 2020