INTELLECTUAL PROPERTY

FAQ on intellectual property: Right of transformation

El right of transformation It 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. (art. 21 of the Intellectual Property Law (LPI) ). The translations, the adaptations for children, abstracts and extracts, theatrical versions, modifications of images or logos are derived works ...

The intellectual property rights of the work resulting from the transformation correspond to the author of the latter, without prejudice to the rights of the author of the pre-existing work.

Except for works that are free of intellectual property (art. 13 LPI) or that are in the public domain (art. 41 LPI), no work can be transformed without the authorization of the author or holder of the rights.

The parody of disclosed works are not considered transformations that require the consent of the author of the work object of parody, while they do not imply a risk of confusion with this one nor damage to the original work or its author is impaired.

In order to facilitate the use of their works, some authors grant it usage licenses of the type "copyleft" (for example, Creative Commons licenses). Thus, users know what specific uses they can do without having to request authorization, provided they do so under the conditions detailed in the license.

In any case, the original authors should always be quoted and recognized, as well as providing a link to the original license in case the work is reused or disseminated.

According to the21 article of the LPI "the transformation of a work includes its translation, adaptation and any other modification of its form that derives in a different work".

As you point Verbauwhede, Lien (2006), it must be taken into account that the digitally manipulated images (for example, through image processing programs), can be considered derivative works, the use of which requires the explicit consent of the rights holder.

Therefore, in case of doubt, it is always better to obtain this consent or use images published by the same authors with one free access license.

Last update: 15 / 05 / 2019