INTELLECTUAL PROPERTY

Protect authoring of publications

CopyrightThe authors do not have to register their works to enjoy the condition of author, since, in order to adjust to what the legislation, they only have to declare their authorship to a visible place of the publication: cover, section of "Credits", etc.

On the other hand, by means of the symbol of copyright © usually it is detailed who is the titular person of the rights of exploitation of the work, which can be the same author or a possible assignee of the same (if the author has carried out a transfer of the aforementioned rights).

Copyright includes the moral rights (corresponding to the author can not be waived) and the operating rights of the work (the author can give to third parties with or without exclusivity).

Moral rights

  • Decide if your work should be disclosed and in what way.
  • Determine whether this disclosure should be done under its name, under the pseudonym or sign, or anonymously.
  • Demand the recognition of his condition as author of the work.
  • Demand respect for the integrity of the work and prevent any deformation, modification, alteration or attack against it that would be detrimental to its legitimate interests or undervalued to its reputation.
  • other
Exploitation rights
  • Right of reproduction: copy of the work (photocopy, scanning ...)
  • Right of distribution: delivery of physical copies of the work (loan, rental, distribution of copies ...)
  • Right of public communication: dissemination of works without delivery of physical copies (publication in websites or intranets, screening of films or presentations, broadcasting of musical works ...)
  • Right of transformation: creation of derivative works (translations, adaptations ...)
  • other

    There are several ways in which authors can provide evidence of their own authorship, as well as identify them in a unique way.

    • In the event that a third person claimed the authorship of a work and it was necessary to provide evidence to show who says the truth, the authors would have the work drafts with the date of creation of the files, the testimony of the library staff, the hour registry to the server, etc.
    • Additionally and / or in case the author does not have any evidence that proves his authorship, he can always register the work at Registry of the Intellectual Property of Catalonia (inscription that requires the payment of one fee) or use other free means existing on the web as Safe Creative.
    • When creating a work, the author can also consider his unique identification through several bibliographic identifiers that allow to guarantee their presence in the national libraries, to facilitate their commercial distribution and / or to obtain a permanent location on the network.
    • Finally, there are several Informatic programmes which facilitate the detection of possible plagiarism committed by third parties.
    Keep in mind that if the work contains details of inventions that are to be patented, no dissemination of it must be made until it is registered the corresponding patent.

    El Intellectual Property Registry It is the body in charge of registering the authorship of the works that are presented to him. The inscription of a work in this record (subject to payment of one fee) is purely voluntary since the LPI grants the protection to the creative author regardless of whether the work is registered or not.

    Purpose

    The inscription of a work in Intellectual Property Registry Provides a means of proof to prove who is the author of an inscribed work and to whom the rights of economic exploitation relate, allowing anyone to ask about the registered works, the authors and the owners of the rights.

    The registration of the work is, in any case, a further proof for the person holding the record on his authorship, but does not become the generator of this right in himself.

    Compulsory nature As it is collected in his web: "Registration is not mandatory, nor constitutive of the acquisition of rights nor of its assignment. However, it gives a privileged test, since, according to the"145.3 article of the LPI, it is presumed that the rights exist and belong to the holder in the form determined in the registry establishments. "
    Procedure To register a work, all authors must go to the 'registry office and present all the documentation required

    Effects

    In case the qualification and resolution of the registrar is favorable, the registry supposes the following effects:

    • Probative effects derived from the presumption normative that establishes that except proof to the contrary, the registered rights exist and belong to its holder in the form determined in the Registry.
    • Advertising effects derived from the public nature of the Registry that makes it possible for anyone interested to have knowledge of the inscribed data, but not a direct access to the work.
    The confusion should not be confused Intellectual Property Registry with theSpanish Patent and Trademark Office. This Office registers trademarks and trade names, industrial inventions, industrial designs and integrated electronic circuits, but not copyrighted works (literary and artistic works, musicals, etc.).

    Alternatively to Intellectual Property Registry, you can also consider the existence of other free means of registration in the network.

    For example, this is the case of Safe Creative, digital record of intellectual property that allows to register any work, regardless of its type and nationality of the author:

    Benefits

    Safe Creative It allows you to electronically register a work, as well as detail its rights (including those given by the possible use licenses granted by the authors and / or corresponding owners).

    It also offers various information of interest related to plagiarism: action tips against illicit uses of digital content, Frequently asked questions, etc.

    Procedure

    The record involves the deposit of the work file in the Safe Creative personal space (previous inscription), indicating what information you want to show or hide on the network:

    • Show only bibliographic data (author, title and abstract)
    • Show bibliographic data and offer access to the file
    • Hide bibliographic data and file [pre-payment]
    Copyright

    By default, the copyright "All rights reserved", which means that you can only use the work as allowed in the Intellectual Property Law.

    If the author activates the corresponding icon, he can also grant one of the licenses Creative Commons:

    GitHub It is a development platform where authors can host and review source code, manage projects and create software together with millions of developers.

    The deposit can be private, public or open source, with tools to be able to host, version and release the code.

    In case any person has plagiarized a work or made any other use not permitted by law, as detailed in the articles 138 / 143 of the LPI, the injured party can choose to:

    • Urge the immediate cessation of illicit activity
    • Demand compensation for damages, which requires the prior lifting of a notarial act of illegal use
    • Filing a lawsuit

    In order to detect the possible unauthorized uses made of the work itself, several resources can be used:

    • Plagiarism detection programs with which to track partial or totally coincident documents broadcast on the Internet.
    • Lumen, a database that offers information on the alleged dissemination of content on the network without the authorization of the corresponding owner. This research project mainly includes requests for removal of content online, sent to content publishers and service providers, which details who made the request and why (without authenticating the origin of the notice or doing no judgment on the validity of the claim made).

    It should also be remembered that any evidence of one's own authorship may be useful in demonstrating possible misuse.

    Since the works are protected, we can only use it according to the one allowed LPI. For example, a university professor can not make certain uses of a work in class (if these are not contemplated in the law as permitted exceptions) and, therefore, he must first request permission to the rights holder. This, obviously, hinders the use of the works in academic environments.

    For example, the author may authorize the reproduction, distribution and public communication of his works in non-commercial environments, or allow more permissive uses such as commercial uses or the creation of derivative works (translations, etc.).

    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.
    • There are other types of use licenses, which are not free access, with which the providers of databases and / or editorial packages detail users as much as the permitted uses and the limitations of use of licensed works. Therefore, the license allows the client to use the purchased or subscribed work only in the conditions agreed with the corresponding supplier.
    Check the table Rules of use of information licensed to know the conditions of use of the information resources contracted by Bibliotècnica, the digital library of the UPC

    Last update: 17 / 09 / 2019