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1. Concept of Author in the Wikipedia Encyclopedia
The author is the person who creates an artistic or technical work likely to be recognised as original (and therefore legally protected by copyright). It is often used for works related to literature and therefore can act as a synonym for writer.Modern criticism has questioned the concept of author, since he claims that any work is created collectively, both part of who originates it first part of those who interpret it, as well as all the context that made it possible. Historically, the idea of author has changed in scope. In the oral tradition of antiquity, the stories were considered to be part of the tradition either inspired by gods, and the perpetrators only passed a version. For centuries authors remain anonymous and only from the modern age and especially in romanticism, its role as a personality capable of engendering a unique work and original is claimed.
In legal terms, an author is a person who creates a work that is likely to be protected by copyright. Generally, the term not only refers to the creators of novels, works dramatic and treaties, but also to those who develop computer programs, feature data in telephone directories, elaborate choreographies of dance, and also included photographers, sculptors, painters, songwriters and lyricists of the songs (distinguishing it from the creator of music, it calls the composer), as well as those who recorded sounds and translate books from one language to another, etc.
According to the current legislation in several countries, there is a written, this means that there also will be a community on the rights of the author of the created work. The co-authors are considered to be "joint holders", each preserving an independent right of granting under license and use, provided that you give up accounts to the other co-authors about any possible gains, to the extent that their contribution is susceptible to separation of the joint work; otherwise, they must act by mutual agreement.
2. Definition of author
He is called author anyone who creates a certain work which will have rights protected by law. Generally the term refers to reading material producers, although it may be extending to every creator software, pictorial works, film, music, etc. It is also possible to represent before the law the possibility that two or more persons have participated in the performance of any of these activities; This would be a case of co-authorship. In the event that a certain work is created by custom, law considered as author to the third party to who it is.
It should be noted that there are two types of legal concepts to refer to the relationship of the author and his work. One is that relating to copyright, which is based on the criterion that the work is an expression of the author that this keeps moral rights. The other is that relating to the right to copy that excludes this notion of moral right: the author only is recognized paternity of a particular production. The first of these ideas comes from French law, while the second comes from the common law.
Copyright protects certain content, but not the ideas. The mere act of creating already implies the existence of these rights, without the need to proceed with any formal proceedings. Some powers which only correspond to the author are: reproduction, non-profit, publicly display the work, etc.
It is important to point out that the notion of copyright has been widely debated in the academic field as a result of these legal regulations. This has led some to suggest that the author is merely a social and legal function and that it is better to avoid associated it with the production person. However, these evaluations are anodyne to contribute little to the analysis of the phenomenon in question.
The extensive debate about the authorship and rights includes several interesting ramifications. Thus, those works of authors anonymous or transmitted by oral tradition from time immemorial has different characteristics in terms of intellectual property. He is supported in general, that the chosen Edition is which preserves these rights, which are in hand of circumstantial manufacturer. The same goes for text of religious books, like the Bible, the Torah or the Koran, including and not limited.
On the other hand, the digital revolution has prompted strong controversies in relation to the rights of authors. On the one hand, there is a position of firm fight against copying illegal ("piracy") which started with the software and that spread quickly in the diffusion of books, music content, videos, films and many other creations of the author. This view is held by many supporters, since, when the economic benefit of authors, production capacity suffers and many creative abandon its task. However, a new aspect has begun to win adherents: the generation of micro-payments. In this format, the works of an author are available for access after the payment of a sum almost symbolic, with the goal that repeated payments from these characteristics encourage a progressive increase of the income of the author, who, in this way, would continue motivated to produce their creations.
In all cases, it is important to point out that individual rights will assist the author in connection with both the economic content and availability of the material. When there is an adaptation of a text to another format (television, video, film), it is only possible to produce novelty with the consent and the necessary benefit to the original creator. A curious case corresponds to the translations, since, while a text is the property of its author, the eventual translation and summary of this include rights for the translator and editor of the chosen content.
