Every creation born of the human spirit is protected by intellectual property rights, which include musical works, literary creations, paintings, architectural works, sculptures, drawings, graphics, logos, among many other creations.
The big difference between intellectual property and industrial property, is that the former are unique works, while the latter correspond to the manufacture of objects and machinery that have a specific utility and are governed by the patent system.
What is intellectual property?
The intellectual property endows its author with a set of rights over it, as well as restricts others from freely disposing of it. A book, for example, cannot be reproduced in any medium without the express authorization of its author, nor can an image be commercialized under the protection of intellectual property rights.
The rights inherent to the intellectual property that are attributed to the author are:.
- Moral right: This right belongs exclusively to the author of the work and has the characteristic of being inalienable and unwaivable. In practice, it gives the author the right to decide whether or not to disclose his creation. In turn, the author reserves the right to decide how to disclose it if he decides to do so. The other moral rights involved are the right to prevent the work from being modified, the right to guarantee the integrity of the work and the right to demand that his authorship be acknowledged.
- Exploitation rights: Thanks to the existence of this right, the author may carry out the exploitation of his creation in the way he considers most profitable. The factors most affected by exploitation rights are distribution, reproduction, modification of the work and distribution. Before any third party carries out any of these actions, it must have the express authorization of the author.
- Fair compensation right for private copying:this right has been very controversial since it was introduced into the legal system of intellectual property law in 2017. The model of fair compensation for private copying consists of replacing the model charged to the General State Budget, since the Court of Justice of the European Union has declared it illegal, with a model that consists of manufacturers and distributors of reproduction devices, equipment and media satisfying the payment of an amount, which must have a concordance with what is legislated in the countries of the European Union. This right allows authors, artists, performers, interpreters, producers and publishers to benefit from the payment to be made by manufacturers acting as commercial distributors and importers of reproduction equipment.
Scope of intellectual property in Spain
The dissemination of information over the Internet has made the protection of intellectual property more important than ever. The dissemination of photos online, as well as the reproduction and downloading in the form of streaming, are at the center of this heated legal debate.
In Spain, intellectual property is regulated by Real Decreto Legislativo 1/1996, of April 12, and falls under the Ministry of Culture and Sport.
The focus of intellectual property protection is copyright. The law stipulates that the author or creator of a work has rights over it just for having created it. For such purposes, the author will need to register his work in order to have proof that it has been created by him.
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