Frequently asked questions
- Generalities
- 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
Related information
It is understood by reproduction (art. 18 of the LPI) the fixation of a work in any medium (paper, electronic, microfit, ...) that allows the communication and the obtaining of copies of all or of a part.
In addition to works excluded from intellectual property (art. 13 LPI ) or that are of public domain (art. 41 LPI ), The LPI It contemplates some cases in which reproductions can be made without the authorization of the author or holder of the rights.
Provisional reproduction |
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Private copy |
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Security and official procedures |
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People with disabilities |
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Right of summons |
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Teaching illustration and research |
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Library reproductions |
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Works Orphans |
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Information on current events |
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Works located on public roads |
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As established byart. 40bis LPI , none of them exceptions contemplated in the law can be interpreted so that their application causes unjustified damage to the legitimate interests of the author or that go to the detriment of the normal exploitation of the works to which they refer.
As established byarticle 32.1 LPI , in certain circumstances fragments of disclosed works (or isolated works of a figurative plastic or photographic nature) may be reproduced if these are used as a citation or review, ie:
In relation to the documents obtained from a database contracted by means of a license of use, it is necessary to keep in mind that they can only be used respecting the conditions established in the contract signed with the supplier.
For example, in the case of images, a photograph obtained from a photo database can not be reproduced if the corresponding license does not allow it.
The sections 3-5 of the article 32 LPI They detail the cases in which the teaching staff can take refuge in the right of illustration for teaching and research purposes:
The reproduction of photographs or drawings is an exclusive right of the respective authors, which can not be done without their authorization or in the cases provided for by the LPI:
Right of summons |
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Works of public domain |
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El right of remuneration for private copying It is the right of remuneration for authors to compensate for the private copies that users can make of their works, that is, copies made in a home environment, without using collective or commercial uses.
As stated the article 25.6 LPI , the obligation to pay the compensation provided in section 1 of this article is created in the following cases:
b) For the acquirers Equipment, equipment and material supports outside the Spanish territory for use within the aforementioned territory, from the moment of acquisition.
According to thearticle 25.10 LPI, it is foreseen the constitution by part of the entities of management of intellectual property rights of a legal entity that must exercise, on behalf of all, the following functions:
a) The management of the exceptions of the payment and of the reimbursements.
b) The reception and subsequent referral to the management entities of the Periodic relationships of equipment, devices and reproduction media with respect to which the obligation to pay compensation has been created, drawn up by the debtors and, where applicable, by the joint and several responsible, in the framework of the procedure to effect the compensation determined by means of a royal decree.
c) The unified communication of the billing.