The acts of exploitation (reproduction, distribution, public communication and transformation) of the works of which we are not the owners of the rights can be done as long as:
It is important to keep in mind that when the authors publish their works they often cede part of the exploitation rights to publishers, producers, etc.
Is considered Orphan work the one with copyright (or related rights) in force but none of which is the owner of the exploitation rights, or, if none of them is found, none is located despite their being do a diligent search
For example, this would be the case of a work whose author has been transferred and it is not known if there are heirs.
The Orphan works They should not be confused with works exhausted, since these are works from which all copies have already been sold or distributed, with no foresight of a new impression or reissue by the corresponding publisher.
As established by articles 48 / 50 of the LPI, cessions of the exploitation rights of a work can be done exclusively or not exclusively:
|Cessions in exclusive||
In relation to salaried authors and as established by thearticle 51 LPI :
There are currently 8 management entities, each specialized in a type of work or act of exploitation. Among these, the collective rights management entities AGEDI, AIE, CEDRO and SGAE have created the IBERCREA association.
|Articles of the regulatory LPI|
|Outstanding aspects of regulatory articles||
Use licenses are private contracts between the owner or producer of a work (computer program, database, electronic journal, etc.) and the user or subscriber of the work. The use license regulates what uses are allowed or excluded (reproduction, public communication, etc.).
Scholar's Copyright Addendum Engine (SCAE) is an online tool developed by Science Commons and the Publishing and Academic Resources Coalition (SPARC), where authors can easily obtain a document where they can tell the publishers of their articles the copyright they want to retain. Next, you just have to print it and attach it to the "copyright transfer agreement" (which must be signed and sent to the publisher).
If the author has granted the exploitation rights of a published document (postprint) exclusively, it may only be deposited on a website or institutional deposit if he obtains the express written authorization of the person or entity currently holder of the rights (editor, magazine, etc.).
|Transfer of rights exclusively||
|Disclaimer of ownership||
As set forth in the97 article of the LPI:
If a salaried worker creates a computer program, in the exercise of their functions or under the instructions of their employer, the ownership of exploitation rights (both of the source program and the object program) correspond exclusively to the " businessman unless otherwise agreed.
|Assignments of rights||The GNU licenses They are free software licenses with which the corresponding owners of the rights have a tool to authorize the execution of their software in a free manner.|
In the event that any person has plagiarized a work or any other use not permitted by law, without the consent of the corresponding holder, the immediate cessation of the illegal activity may be requested and / or a legal suit, such as as detailed to articles 138 / 143 LPI. In this case, any proved Ownership can be useful.
At the decision of the injured party, compensation may be demanded for damages, which requires the prior lifting of a notarial act of illegal use.