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Female Focus Intellectual Property Rights Part 1 Who is the author? The author is the creator of the work. He is the owner of the intellectual property.
He cannot renounce the condition of author of the work. The condition of author cannot be transmitted “inter vivos”, whilst he is alive, by sale or gift, nor in “mortis causa” after death (will or inheritance). The condition of author does not expire with time.
When the work is published anonymously or under a pseudonym, the rights are those of the person or company that divulge the work whilst the author does not make himself known.
The rights for the work could be due to a collaboration of various authors, and therefore they all have rights.
Authors are also:
Artists, performers: those that perform, sing, read, recite in any form the work in question. In this category are included the scene director and the orchestra. Phonograph producers: under their guidance and responsibility the first sound sets are carried out for the work. Audiovisual Recording Producers: Those that take the initiative and the responsibility of the audiovisual recording. Broadcasting companies: Companies whose organisational and financial responsibility emit or transmit the works. Creators of photographs.
What works can be considered the object of intellectual property?
All original literary, artistic or scientific works that are expressed in any medium.
Amongst these works are included:
Books, leaflets, written works, speeches, conferences, reports, explanations given by professors, as well as any other work of this nature.
Musical compositions, with or without words. Dramatic and dramatic-musical
works, choreographies,
pantomimes, and theatrical works in general. Cinematographic works and any other audiovisual works. Sculptures and paintings, drawings, engravings, lithography and graphic stories, comics strips, as well as sketches, plastic arts. Projects, plans, models and designs of architectonic and engineering works.
Graphs, amps and designs relating to topography, geography and in general, to science. Photographic works and similar. Computer programmes.
Also included, without prejudice of the rights that the author of the original work may have:
Translations and adaptations. Revisions, updates and annotations. Summaries, resumes and extracts Musical arrangements Transformations of any literary, artistic and scientific works.
For questions on this matter or any other legal or tax matters, please do not hesitate to contact Ana Gay on 966 260 500 or on
anagay@linkpointlegal.com.
by Ana Gay
The Intellectual Property Rights consist of a set of rights of a personal and patrimonial nature, that gives the author of a literary, artistic or scientific work total rights over their work including the right to use it, with no limits other than those set out in the law.
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