What are the rights of exploitation of intellectual property?













The exploitation rights are economic powers granted intellectual property and allow the author to obtain an economic return for the use of his work.

The author has an exclusive right to the exploitation allowing you to decide whether or not market its creation.

The concept is outlined in Articles 17 and following of the Intellectual Property Law: the author has the exclusive exercise on exploitation rights his work. And referred to copyright, distribution, communication and transformation. These rights are independent of each other (art. 23 LPI) so that the transfer of a way of exploitation does not prevent different treatment in other. Also it is not a closed list but otherwise it may arise, would be part of the operating rights.

The basic idea is no exploitation when the work is in any way made available to the public, whether done by a support or directly displaying.

Right of Reproduction

Is that the author can prohibit or authorize any reproduction or copying of the original work (art. 18 Intellectual Property Law).

If you play only part of the work, the basic criterion is whether the public can recognize the presence of the original, regardless of the extent reproduced. Each time a work is translated into BITS as in scanning, storage, “uploading” o downloading”, it is considered that no reproduction.

The legislature has set limits to reproduction right, such as the right to private copying (art. 31 LPI), use for teaching (art 31 LPI), current issues in media (art. 33 and 35 LPI), copies for the purpose of LPI (art. 36) or playing in public facilities through terminals (art 37 LPI). The legal limitations, apply equally to the other picture you see below.

Right of Distribution

Is made available to the public of the work or copies, on physical media, whatever way is made (sale, rental or other (art. 19 LPI). Distribution is considered that there is no economic consideration whether as if it were granted for free and only have to supply without requiring that the contract is concluded.

Once given the right of distribution, the author exhausts its right in the affected territory.

In the case of loan, Article 37.2 LPI establishes the right of authors to remuneration.

Law of public communication

It is the making available of the work to a number of people, there has been no prior distribution of copies (art. 20 Intellectual Property Law).

It is considered that there is "public" if the provision is made in a "home" area and not connected to or integrated within a broadcast network. The two ideas come together in the concept of economic relevance likely to have this communication. The fact that the communication takes place in private settings (like a wedding or a hotel room) does not preclude entitlement to the appropriate fee.

Transformation law

It refers to the creation of a new work, you make any modifications, adaptation or translation of the original.

The rights belong to the author of the new work, without prejudice to the right of the author of the original work to authorize the exploitation of results (art. 21 Intellectual Property Law).

The new amount of contribution made by the author to be considered that there is transformation, It is an issue that is far from peaceful.

There are other exploitation rights such as the right to follow, the compensation for private copying remuneration or, which are subject to future posts.

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