Topic outline

  • General

  • Topic 1

    Intelectual Property Rights

    Property rights are the rights to reproduce, broadcast, interpret, perform, recite and present in public, adapt, translate, distribute etc. Moral rights are the rights of the author to oppose any deformation, mutilation or modification of his or her work that might be of harm to his or her honour or reputation.

    Personal or moral rights: these rights are non-waivable and inalienable, they are granted to the author or performing artist for the rest of his or her life, and after his or her demise, to the heirs or assignees. Amongst these rights the most important is the right to being recognized as author of the work or the recognition of the name of the artist in relation to his or her performances, and the right to demand that the integrity of the work or performance be respected and not altered. 

    Proprietary rights. They can be divided into:

    • Rights related to the exploitation of the protected work or service supplied, which in turn are subdivided into exclusive rights and purely economic rights:
    • Exclusive rights are those that grant the title holder the legal power to authorize in advance certain types or acts of exploitation of his or her protected work or service supplied, with the possibility of obtaining certain remuneration for the authorization.
    • The purely economic rights, also known as "compulsory licences", are those that the law grants to certain holders giving them the power to demand from the person who exploits their protected work or services provided the payment of an amount of money, either determined by law (legal compulsory licence) or established by any other procedure (negotiation at sector level, consultant fees, etc.). These rights are considered to be of a “lower” category to “exclusive” rights. 
    • Purely compensatory rights, such as the right to make a private copy, which compensate the intellectual property rights not recognized in the case of reproductions of protected works or services for the exclusively private use of the copier.
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