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Female Focus Intellectual Property Rights Part II
What rights does intellectual property give you? The author, as the holder of the intellectual property right has two types of rights:
by Ana Gay
On one hand, rights of a personal character or moral rights, these are not renounceable and belong to the author or artist for their whole life and upon death will pass to their heirs. Amongst these are:
- The recognition as author or artist of the works. - The respect for the integrity of the works or performance. - To prevent deformation, modification, alteration of the work that may prejudice its interests or reputation. - Modify the work respecting the rights acquired by third parties or the demands of protection of the assets of cultural interest. - Decide if the work is to be disclosed and in what form. - Determine if this disclosure should be made in his name, under a pseudonym or anonymously. - Withdraw the works from the market if the intellectual or moral convictions change, subject to compensation for damages to the holders of the rights.
On the other hand we have patrimonial rights that are linked to the use of the works, or if these are compensatory rights.
With regards to the rights of use, we must distinguish between:
- Exclusive rights that allow the holder to obtain payment or a price to authorise the use of the works in a certain way.
- The rights to simple payment or obligatory licenses that are recognised in law in favour of certain holders and that allows them to demand payment from the person using their work. This sum can be set legally (obligatory legal license) or set by any other procedure.
The rights of use of a work by an author last their lifetime and extend 70 years beyond death. The rights of use of anonymous works and those signed under a pseudonym last 70 years from licit disclosure.
The recognised rights of use for artists and performers last generally for a period of 50 years from the year after the interpretation or execution (the rights of use of photographs last 25 years).
When there is a work or service rental contract between the author and the company, except where the contrary is stated in the same, it is understood that the author of the works transfers the exclusive rights of use to the company.
In this manner they cannot use the works for any reason other than for company use. This is the same as for the interpretation or execution of works where the company has exclusive right to authorise its reproduction.
As for rights to compensation that we mentioned before, the most relevant is the right regarding private copies that compensate the rights of intellectual property that are no longer received due to reproduction of the works for exclusive private use by the copyist.
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.
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