What rights do I IP?

INTELLECTUAL PROPERTY

 

 

 

 

 

 

 

 

 

 

 

Intellectual property gives the fundamentally moral and economic rights author.

 

They referred to in Article 2 of Intellectual Property Law:

"Intellectual property consists of personal rights and property, they attribute to the author full control and exclusive right to exploit the work, without other limitations than those established by law "

Moral Rights

Refer to the author's relationship with his work. Only the author has the right as personalísimo. Therefore, and general, it holds only the individual.

They have character irrevocable and inalienable (art. 14 of the LPI).

No waiver is generic, even if can be agreed his resignation (a composer can accept someone else do the "arrangements" of his subject) o su repeal law (in the case of collective works, the right of paternity author of it preempts).

Moral rights can not be transferred by contract (although, mortis causa: articles 15 and 16 of the LPI).

Moral rights include the following powers:

 

  • 1.º decide whether his work has to be disclosed and how: The disclosure set out in Article 4 of the LPI: is to inform people external the inner circle of the author, the work. The disclosure of the work can be articulated through a contract of assignment of copyright referred to in Article 43 of the LPI. The contract, must be in writing (art.45 LPI). You can download a contract assigning copyright here.

 

  • 2.º Determine how disclosure: With its name, pseudonymous or sign, the anonymously. This moral right, may be limited by the commitments it has acquired the author in his contract assigning rights, as a change in the name could hurt the transferee.

 

  • 3.No demand recognition of his authorship of the work: It is a right that can be exercised by going to injunctions and compensation provided for in Article. 138 of the LPI.

 

  • 4.º Require respect for the integrity of the work: Possible to prevent any distortion, modification, alteration or attack it that would prejudice its legitimate interests or threaten his reputation. As the author of the creator of the work, have the right to prevent more or less radical changes, affecting su essence meaning. To determine whether modification is essential, should be analyzed case by case. It is considered that this amendment undermines the author when "there has been a distortion of the work which results in an alteration of its artistic setting" (SAP Alicante 11 March 2011).

 

  • 5.º Modify the work: This law imposed two limits:

a) Respect the rights of third parties: Are not prevented although the author has assigned his rights, you can create a different work based on the above (art. 66 LPI).

b) The protection of cultural assets.

 

  • 6.º Remove the work market: by changing intellectual or moral convictions, prior compensation for damages to holders of operating rights. Non compliance is a contract, authorized on the basis of a change in intellectual or moral convictions. This "withdrawal" would limit the public interest. Requires compensation for damage shall be tested by the transferee.

One, later, the author chooses to resume exploitation of his work should preferably provide the rights to the previous holder thereof and in reasonably similar to the original.

 

  • 7.º Access to unique or rare copy of the work: If this work is in the hands of another and it is a work embodied in a carrier (like a painting or a statue), the author has the right to access it in order to exercise the right of disclosure or any other applicable right.

This right will not require the displacement of the work and the access to it will take effect at the place and so cause the least inconvenience to the owner, which will be compensated, if, for damages to be occasioned.

In a future post we see the economic content and economic rights that integrate intellectual property.

Consult your case by clicking here.

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