An author is an individual who creates a literary, artistic or scientific work. Nevertheless, legal entities can benefit from the legal protection that the law grants the author, in the specific cases foreseen in it.
It is a right of a patrimonial nature whose exclusive exercise corresponds to the author. We understand reproduction as the direct or indirect fixation, provisional or permanent, through any medium and in any form, of all the work or part of it that enables its communication or the obtaining of copies.
Reproductions may only be made with the prior authorization of the author, except for the cases foreseen by the law (art. 18 LPI).
It is a right of a patrimonial nature whose exclusive exercise corresponds to the author. We understand distribution as the offering to the public of the original or copies of the work, in a tangible support, by its sale, rent, loan or any other way (art. 19 LPI).
It is a right of a patrimonial nature whose exclusive exercise corresponds to the author. We understand public communication as any act through which a plurality of people can have access to the work without any previous distribution of copies to each of them (art. 20 LPI).
Besides, a way of public communication is the offering to the public of works, through wire or wireless procedures, in such a way that any person can access them in the moment and place they choose to (art. 20, paragraph 2, letter i LPI).
It is a right of a patrimonial nature whose exclusive exercise corresponds to the author. The transformation of a work includes its translation, adaptation and any other modification to its form in such a way that it becomes a different work.
Intellectual property law protects all original literary, artistic and scientific creations expressed in any tangible or intangible medium or support now in existence or that may be invented in the future. Among them, we can find:
a. Books, pamphlets, forms, letters, writings, speeches and presentations, conference papers, forensic reports, professorial theses and other works of that nature.
b. Music compositions, with or without lyrics.
c. Dramatic works and musicals, choreographies, pantomime, and in general, theatre works.
d. Cinematographic works and any other audiovisual works.
e. Sculptures and paintings, drawings, lithographies and graphic stories or comics, as well as their essays or sketches and the rest of plastic works, be it or not, fine arts.
f. Projects, maps, models and designs of architectural and engineering works.
g. Graphics, maps and designs related to topography, geography and, in general, science.
h. Photographic works and those expressed by similar procedures to those of photography.
i. Computer software.
Furthermore, the title of the work, as long as it is original, will also be protected (art. 10 LPI).
Yes. A musical score is a manifestation of how a musical composition must be played and the Intellectual Property Acts lays down that musical compositions, with or without lyrics, are under its protection.
Yes, the author of a work must authorize its translation. A translation of a work is deemed a transformation. In any case, a translation is a derived work that is also protected.
Exploitation rights of a work last the lifetime of its author and a further 70 years after his or her death or declaration of death (art. 26 LPI).
Nevertheless, according to the Fourth Transitory Disposition of the Intellectual Property Act, the exploitation rights of the works of authors who died before December, 7th, 1987 will have the duration foreseen in the Act of January, 10th, 1879 on Intellectual Property, which is a further 80 years after the death of its author.
Besides, the protection period established will count from January, 1st of the year after the death or declaration of death.
When the periods above mentioned expire, that is seventy or eighty years after the death or declaration of death of the author.
Since it becomes public domain, the work can be exploited without authorization, as long as the moral rights foreseen by the law are respected.
The author or, when applicable, those who have been authorized by the author or its right-holders.
Yes. The rights start with the publishing contract where the author or its right-holders yield to the publisher rights of a patrimonial nature.
Besides, the publishers of works in public domain as well as of works not protected by copyright, as contemplated in article 13 LPI, have the exclusive right to authorize the reproduction, distribution and public communication of those editions as long as they can be individualized for its typographic composition, presentation and other publishing characteristics (art. 129. 2 LPI).