Definition of Copyright
1 Meaning of CopyrightCopyright is a set of legal rules and principles governing the economic and moral rights that the law grants authors (rights), by the mere fact of the creation of a literary, artistic, musical, scientific or didactic work, is published or unpublished.
It is recognized as one of the fundamental human rights in the Universal Declaration of human rights.
Common law uses the notion of copyright (translated literally as "right to copy") that - in general - includes the equity part of copyright (economic rights).
A work passes into the public domain when the economic rights have expired. This happens usually after a period of time since the death of the author (post mortem auctoris). The minimum term, globally, is 50 years old and is established in the Berne Convention. Many countries have extended that deadline widely. For example, in European law, they are 70 years from the death of the author. Once passed this time, such work then can be used in free-form, respecting the moral rights
The copyright law and copyright constitute two conceptions of literary and artistic property. The first comes from the family of continental law, particularly of the French right, while the second comes from common law (or common law).
Copyright is based on the idea of a personal right of the author, founded in a form of identity between the author and his creation. The moral law is constituted as emanation of the person of the author: recognizes that the work is expression of the person of the author, and this protects you.
The protection of copyright is strictly limited to the work, without regard to moral attributes of the author in relation to his work, except the paternity; not seen it as an author as such, but has rights that determine the modalities of use of a work.
2. Definition of CopyrightThe concept of copyright applies to the different regulations that govern on the creative action of any kind involving someone create or be the author of something (a book, an electronic device, an idea even) has the right to be recognized as the only author in such a way that no one else can usurp the intellectual or economic benefits that come out of that activity.
The copyright is a very recent phenomenon if we take into account that they did not exist in the legislation until three hundred years ago. With the development of increasingly numerous societies and the establishment of the consumption of goods and services that society, it was necessary to establish copyright as a benefit to that person that was responsible for creating something and, therefore, the only willing to perceive the benefits economic, intellectual and materials that creation could provide him throughout his life.
Copyright established that if a person is recognized as the creator of a work (for example, a piece of music, a literary work, a technological element, an idea, etc.) nobody else can be recognized as the author thereof and therefore no one else can claim the benefits which it obtained. On the other hand, the objective of these rights is supposed to recognize the identity of the person who creates the work when before, is also important for many centuries, the works were anonymous.
The copyright violation is a crime which varies in their sentences according to the legislation of each country or region. Today, with phenomena like the internet and the digital connection respect for copyright has become almost non-existent especially in areas like music or movies, which have been tried to carry out strategies of control and supervision over acts that are considered to be a crime. This happens with the sites or programs that allow you to enjoy music, movies, or intellectual works without paying the price that the market imposes on them.
3 Concept of Copyright
What is copyright?It is the right of the author about his creations are these literary, musical, theatrical, artistic, scientific, or audiovisual works. This law was created with the Act of creation and not by the registration of the work, however it is important to register them to strengthen the economic and moral rights of the creator against capitalist greed and plagiarism.
Subjects of copyright: Copyright is considered the person natural (physical person) that creates a literary, artistic or scientific work because it is who has the authority to create, however, may occur in certain cases these rights corresponding to a legal person, and will be considered as holders of them but only on the patrimonial aspect.
Subject to copyright: It is important to point out that copyright protects only the form by which the ideas of the author are described, explained, illustrated or incorporated in the works. They are not subject to protection on their own ideas or ideological content or technical.
Duration of copyright: In accordance with article 25 of the law on copyright, lasts a lifetime of this and is extinguished to the sixty (60) years counted from the first of January of the year following his death, even with respect to works not disclosed during his lifetime.
The extinction of the rights of exploitation of the work determines its passage into the public domain, i.e. that the works may be used by anyone, provided that they respect the moral rights of the author.
Content copyright:Moral rights: Are the rights inherent to the human being's inalienable, unattachable, imprescriptible and inalienable nature author. These rights are framed in the following way:
Right of disclosure: Faculty author decide if he publishes his work or not, and in what form will do so.
Paternity law: right to demand recognition as author of the work.
Right of disclosure or privacy: the author may choose to disclose a work with his name, under a pseudonym or anonymously. This does not mean to renounce the authorship of the work.
Right of integrity: power to prevent any distortion of the work that is prejudicial to the honour and reputation of the author.
Law of repentance and amendment: right to the author of remove the work from the Middle, or modify it.
Economic rights: Are the rights that it owns the copyright or the owner of the right which is characterized by being transferable, temporary and waivable.
Right of reproduction: the author can get economic benefit of reproductions or copies that are made of his work.
Right of distribution: made available to the public of the original or copies of the work by sale, rental, loan, or any other form.
Right of communication to the public: the public communication is all an act whereby a plurality of people can have access to the work without prior distribution of copies to each of them.
Right of transformation: the copyright to authorize and obtain remuneration by the changes that are made on the work, as for example the translations.
Works subject to copyright registration• Literary works: Are those that are expressed in writing or orally.
• Audiovisual: Any creation expressed by a series of associated images, with or without sound, incorporated, intended essentially to be shown through projection apparatus; or any other means of public communication of image and sound, irrespective of the nature of the material carriers of such works. Ahem. Short films, movies, documentaries, etc.
• Broadcast works: Is produced specifically for transmission by radio or television.
• Works of Visual art: fine art is any virtue or skill to perform a work related to beauty, including painting, sculpture, photography, etc.
• Performing works or dramatic: dramatico works, such as choreographies, pantomimes, plays. Which can be represented, in general, in graphical form.
• Musical works: Musical compositions with or without sheet music.
• Computing and database program: means any sequence of instructions designed to be used directly or indirectly in a computer system to perform a function or task or to obtain a certain result, somebody that was his way of expression and fixing computer program. The protection also extends to the technical documentation and manuals using a program.
• Phonographic productions: Consist of the fixation of the artistic and musical productions by any existing means for its reproduction and communication to the public.
• Acts and contracts: can also be registered regulations, contracts of assignment and licensing of copyright, which comply with the requirements established in the law that does not violate the inalienable character of the copyright and that do not constitute an obstacle to the users to the cultural heritage of society.
They are not subject to registration:1. The texts of the laws.
2. The games of any kind.
3. Mathematical procedures.
4. The manuals.
5. Study plan.
7. Official regulations.
8. Public treaties.
9. Official decisions and other official acts.
Declarative character of copyright: Copyright born with the creation of the work, under which the existence of the registry is merely declarative and not constitutive, so it is not compulsory but optional.
However, the entry in the register presumes certain facts and acts in it contained, which may be opposable to third parties, unless proven otherwise.
Related rights: Are those that provide protection to those who come into the category of intermediaries in the production, recording and dissemination of works. Although they do not intervene in the process of creating the works, they play an important role in its disclosure or communication to the public.
Neighboring rights recognized three categories of beneficiaries which are:
• Artists performers (such as actors and musicians) in their performances.
• Broadcasters with regard to its radio and television programs.
• Producers of Phonograms (for example, recordings on cassette and compact disc) on their recordings.