Copyright (known by the most vulgar name of "intellectual property") is one of the newest forms of ownership, and one that arouses more interest. The progress of culture has become the most accidental creators, with more or less success. But precisely the lack of professionalism in many cases involves a gross misunderstanding of our most basic rights. The change of mentality of the move Craftsman (whose name was usually ignored) the operator is one of the most fascinating place during the last century. A revolutionary way of thinking so that still has not been understood by many.
Current regulation in our country, without prejudice to international conventions governing the international protection of the law, found in the Royal Decree 1 / 1996 of 12 April.
The first principle stated in the law, and generally known, is that the author is "owner" of his work from the moment of its creation and for the sake of it, without requiring register or post.
There is certainly a public record, but the effect of registration is not constitutive (not create the right), but evidence: the recorded work are presumed to belong to the owner, unless proven otherwise. Advertising also, in case of transfer of rights to another party. Against possible appropriation by a third party, facilitates the success of any future trial, but nothing more.
Keep in mind that the object of law, the work of wit, intelligence-product is not as extensive as one might think, since not all writing, drawing or photograph generated by copyright, although the case mix is broad to be reflected here.
Intellectual Property granted to the author two sets rights, which we summarize:
Moral Rights: Defined as the recognition and respect to the authorship and integrity of the work. These rights, which tend to be unlimited in time, may be exercised by both the author and his heirs, and are inalienable.
Economic Rights: to decide on the publication, reproduction or public communication of the work, usually in exchange for a fee. Is limited in time, all the author's life plus seventy years after his death, and may be transferred to another party.
is important to remember that the author retains these economic rights (the moral can not be transferred) even if the work is not physically in their possession. It is something that is apparent in three-dimensional works. The sale of a painting or photograph, for example, does not automatically imply the transfer of the relevant copyright. This shall be done explicitly, and, logically, for a different price for the sale.
Another aspect that is often ignored in practice is the requirement that the publishing contract concluded in any case in writing to be valid, establishing key aspects of this edition. And that exhausted the contract, the right still belongs to the author, but may be extended indefinitely holding time.
Finally, whatever the form of economic exploitation of the work, has always respected and recognized the author, who can even modify the work, even when this in trade, provided that this does not harm the economic interests of editor, because otherwise he must compensate.
