Who owns the intellectual property?


















The copyright belongs to the author, although in the case of co-authorship, anonymous works, derivative works or authors employed the issue may be complicated.

When you create a work new, It is evident that the intellectual property belongs to its author. Article 5 of the Copyright Act author considers "The natural person who creates a literary work, the scientific art ". It must be a original work (art. 10 LPI) order to be eligible for protection.

In the second paragraph of Article 5 is expected that the author may be an equally legal entity in the cases expressly provided by law. The ICB recognizes the responsibility to legal persons in the case of editor of collective works (art. 8 LPI) and in the Computer programs (art. 97.5 LPI). Also, legal persons can be assignees of copyright.

The authorship is determined by the filler grade for creating new developments. Is determining the proportion between what each person brings to the final work: The more important, more "part" of authorship. For example, an assistant who transcribed the manuscript of a computer work involved in creating intellectual value but does not provide. Mere physical implementation by an assistant, following the instructions of the author, not confer any right to the first IP.

The issue is especially complicated in cases of derivative works, in which on the basis of a play existing, a personal intellectual contribution is made: How much new intellectual contribution is required to be considered as a derivative work subject to copyright? This issue must be assessed case by case and is far from "peaceful" in court.

There is a possibility that the work was created by several people, considering a situation of coauthored. Although the LPI does not explicitly refer to this case in his article 5, It is perfectly feasible, with the only difficulty in determining the degree of participation of each of the involved.

The author, You can sign in or use a pseudonym. To identify the author can use the command ©, just your name or even any symbol or picture. If the author is not identified or used a pseudonym, the exercise of the rights of intellectual property of the work is done by the person who discloses. That person who brings to light the work, may exercise rights comprising intellectual property ownership but are still in the author.

Last, we find cases where the author creates the work it does under employment with a company that handles its realization. In these situations, exploitation rights belong to the company for legal reasons, although recommended that the contract be set exactly the terms ratio.

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