How to have copyrighted work without creating?













The Copyright Act provides for the protection of copyright in some cases where the work has been created by another person or when there is a "creation" but considered worthy of protection.

This is one part of the so-called "Related Rights"To copyright and second, the "mixed bag" of "other headlines”.

Related Rights

In this section are included rights intellectual property of people doing intellectual work that is not the original but is considered worthy of protection. Is:

a) Interpreters: Its definition is given in Article 105 of the LPI. "The term performer to the person presenting, cante, lea, recite, interpret or execute any element of work. The stage director and conductor have the rights granted to performers under this Title. " In these cases the personal contribution of the interpreter is protected, without the requirement of originality is required. This recognition allows you to hold on carrying both the economic and moral rights. It refers to individuals.

b) Producers: The producers of phonograms or audiovisual, have the protection of intellectual property as set forth in Articles 114 a 125 LPI with the aim of rewarding the economic investment made. They have no economic rights but moral.

c) Broadcasting Organisations: Are collected in Articles 126 and 127 of the LPI. They are legal persons to whom rights are granted economic nature (no moral) as a "reward" for their work.

Other headlines

Are considered worthy of protection for various reasons subjects to perform a related intellectual property activity sufficiently important to give them certain rights: This is the case of the authors of "mere photographs” (art. 128 LPI), which disclose unpublished works in the public domain and not protected works (art. 129 LPI) and the manufacturer of a database (art. 133 a 137 of the LPI).

Ultimately, protection copyright extends to other cases in which the subject is not really the creator of the work and this can lead to errors that generate quite a few conflicts that end up in court.

Consult your case by clicking here.

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