Frequently asked questions
- Right of reproduction
- Right of distribution
- Right of public communication
- Law of transformation
- Ownership and assignment of rights
- Open access
- Registration and identification of documents
La intellectual property refers to works that are the result of human intellect. It is a form of property that has the creator of an artistic, scientific or literary work or that which belongs to the inventor for the inventions that he has created and which includes:
|Copyright||Moral and exploitation rights of creators of artistic, scientific or literary works.|
|Industrial property rights||
A set of rights that inventors or creators of products and procedures (patents and utility models) have, distinctive signs (trademarks and trade names), external appearance of products (industrial designs) and schemes of integrated circuits (semiconductor topographies) to exploit them exclusively.
The owner of the industrial property rights of a creation is the person who legally protects it through a patent, trademark, etc.
Therefore, the industrial property rights, granted by the company,SPTO, allow the person who decides who and how to use them.
The creations must be protected legally, before its dissemination, by means of the title of corresponding industrial property (patent, trademark, industrial design, etc.).
As stated in Cercaterm, the Copyright They are the moral rights and rights of exploitation that the author of a literary, artistic or scientific work has:
|Moral rights||Author's rights, inalienable and inalienable, contemplate the right of the author to be recognized as such as other guarantees such as the right of the author to respect his work and can not be modified without his authorization|
|Exploitation rights||Rights that, as available, are negotiable and allow the author to influence the publication, distribution or exploitation of his work, as well as to certify copyright. Mainly the rights of reproduction, distribution, public communication or creation of derivative works, acts of exploitation that can only be done with the consent of the corresponding owner or respecting the exceptions established by law.|
In addition to moral and exploitation rights, there are other intellectual property rights (known as related rights, neighbors or connected), which protect the effort and the creative, technical and organizational contribution of the people or institutions that put the works to the public, participate in the cultural industries and in their relation with the public.
Copyright is the term in which the Anglo-American legislation designates the so-called "operating rights".
The 10, 11 and 12 articles of the LPI define the works subject to copyright. In general, the law protects the vast majority of documents that we usually use in an academic and educational environment.
According to theart. 13 of the LPI, They are not copyrighted:
As detailed in Laws, acts, rulings and intellectual property (Jorge Rodríguez-Zapata Pérez, p. 76), "eThe acts that conclude the activity of the different public powers are the laws, for the legislative powers, the regulations and acts for executive powers, and judgments and decisions for resolutions of the judiciary. "
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.
All of them rights reserved to the authors (reproduction, distribution, public communication, ...) are still reserved in the Internet environment, despite the ease with which the information can be copied or disseminated.
Therefore, texts, images, photographs, design, musical sequences, videos or audiovisuals, ... from any website, are protected by legislation.
Intellectual property rights are territorial in nature, that is, each country regulates them with their laws and only guarantees their protection within their own borders.
|Spanish authors and national authors of the EU||
|Non-EU national authors, with the same rights as the Spaniards||
They enjoy the same rights as Spanish authors:
|Other non-national authors of the EU||
|In all cases||
Raw data is not copyrighted and, therefore, not subject to intellectual property.
However, it should be borne in mind that the databases where they appear are. As established by133 article of the LPI and the Law 5/1998 of 6 March, incorporating into Spanish law Directive 96/9 / EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases: