Intangible assets. According to law, works which are copyright protected are known as intangible assets regardless of the type of medium on which they are captured (paper, CD, vinyl, computer file, canvas, etc.), though this does have an effect on how these assets are distributed and sold. For example, a jam session exists as long as it is happening but disappears if not recorded.
Assignment of rights.
See Conveyance of rights.
The act by which a group of people is given access to a work prior to the distribution of individual copies. It is understood that public disclosure has not taken place if the act is held within a strictly private venue and when no distribution of any sort has occurred.
The system of protection granted to copyright holders reserving the right to copy or reproduce their work.
Distribution is releasing an original work or copies of the work to the public through the sale, rent, loan of the work or by any other means.
Disclosure refers to the expression of a work, with the author’s permission and by any means, which makes it accessible to the public for the first time.
A work whose copyright protection has expired is considered to have entered the public domain. Works which are in the public domain can be used by anyone without having to pay for the rights for said use. It is still necessary, however, to respect the authorship and the integrity of the work.
Capturing the work.
Here, capture refers to the incorporation of a work onto a medium that allows it to be copied, reproduced, or released.
An original literary, artistic, or scientific creation that is expressed through a tangible or intangible medium that is currently known or will be known in the future is considered a work. Authors are granted exclusive rights over their works as part of copyright law.
A collective work was created by several authors and, therefore, no single author can be given exclusive rights over the complete work. Collective works do not have a sole author. The rights to a collective work correspond to whoever had the initiative to create and later coordinated, published, and released the work in their name.
This type of work is a collaboration of several authors. The rights for this type of work rest with the individual authors in the percentage that they have determined.
The World Intellectual Property Organization, based in Geneva, was created in 1967 to increase international cooperation for the protection of copyrights. The WIPO is currently made up of 183 member states.
A patent is the legal concession given to inventors by a government for a limited amount of time so that they may exclude others from producing, using, or selling their invention or from calling it their own for the life of the patent.
Copying or reproducing a work without permission is considered piracy.
Plagiarism is copying the essence of the work of others and calling it your own.
As a general rule, Spanish law states that for literary, artistic, or scientific works, copyright protection shall last as long as the author is alive plus another 70 years after his or her death, regardless of when the work was released. After this period, the work then enters the public domain.
Industrial property comprises patents, brands, and industrial designs, as well as trade names and denominations.
This type of property is difficult to comprehend because it refers to mental creations which are in effect intangible assets. However, the concept of intellectual property is very much present in our lives, from the newspaper we read every day to the music we listen to. Every time we buy a book, newspaper, or movie; when we listen to the radio, watch TV, or visit an Internet website to get culture-based information; or even by simply using our PC we are obtaining goods and services that are protected by intellectual property laws. The right-holders to those goods and services need to receive, either directly or indirectly, compensation for the use we are making of their rights. Just like bakers charge for the bread they make, the author of a book or a song has the right to be paid for their work.
Publication refers to making a number of copies of a work available to the public in a way that the public’s needs, estimated in accordance with the nature and the purpose of the work, are reasonably satisfied.
Spanish General Register of Intellectual Property. The Spanish General Register of Intellectual Property is a center with which authors can register their works in order to protect their rights.
Reproduction refers to transferring a work to a type of medium which makes it possible for it to be disclosed and for copies of the complete work, or parts of it, to be made.
Reserved rights refers to a form of preventive protection used to identify and define who the copyright-holder is or who owns the exploitation rights to a certain work and, thus, whose permission needs to be requested to use the work.
Reserved rights symbols.
There are a number of symbols which indicate or identify a particular work as having reserved rights. The © symbol, a product of American legislation, is known as the copyright symbol. It is used before the name of the work’s exploitation rights holder and can usually be found on the first page of any publication. It is an indicator that the rights to the work have an owner and that the public has the duty to not only understand this but also to respect it.
The © symbol is used for all types of works and copyrights except by the producers of phonograms (records, CDs, etc.) who use the symbol (P) before the name of the producer or the exclusive grantee.
On the copies of the phonograms themselves or on their packaging, next to where the phonogram’s year of production has been printed, the name of who holds the exploitation rights can be found. Music CDs for sale in shops and stores are clear examples of this. The “P” in the (P) symbol stands for “Producer.”
The material onto whose surface information is captured or onto which a literary, artistic, or scientific work is transferred and distributed, including paper, canvas, videotape, CD, computer file, or digital format, is called a medium.
Transformation occurs when a work is translated, adapted, or undergoes any other type of modification which results in a new work. The author of a transformation shall be granted the intellectual property rights to the new work; however, the author of the preexisting work has the right to authorize, for as long as the copyright protection is valid for his or her work, the exploitation of these transformations in every way, particularly in regards to their reproduction, distribution, public disclosure, or any new transformation.
Conveyance of rights.
Conveyance of rights occurs when the author of a work cedes their exploitation rights (reproduction, distribution, public disclosure, and transformation) to a third party, allowing them to use and exploit the work.