25 slidersDegree in Journalism. Faculty of Humanities. 2020-202

Bergel Sainz de Baranda, Yolanda

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Universidad Carlos III de Madrid e-Archivo

Intellectual PropertyYolanda Bergel Sainz de BarandaDegree in Journalism. Faculty of Humanities2020Concept of IPConcept of IP• It is a special property• It is a right on the immaterial spirit of a goodIntellectual property is a very particular property right. It is alien to the thing; it is a right on the spirit of the thing. Being the owner or the possessor of the thing does not grant intellectual rights over the work. What is intellectual property?IP LawRoyal Decree Law 1/1996, of April 12, Rehashed text of the Intellectual Property Acthttps://www.mjusticia.gob.es/cs/Satellite/Portal/1292426984404?blobheader=application%2Fpdf&blobheadername1=Content-Disposition&blobheadervalue1=attachment%3B+filename%3DThe_Intellectual_Property_Act_%28Ley_de_Propiedad_Intelectual%29.PDFCriteria for the protection of IP* IP of a literary, artistic or scientific work corresponds to the author by virtue of its creation (art. 1 IP Law)* Art.10 IP Law requires the creation to be originalTherefore… The following criteria are not relevant: The destiny of the work The utility of the work The public’s estimation of the work The extension of the workAuthor Art. 5. Authors and other beneficiaries 1. Author is the natural personthat creates a literary, artistic or scientific work 2. However, other persons may benefit from the protection granted by the IP LawAuthorCreated by an individual Need of human interventionHomenaje al pintor. CLAUDIA GROLL. Slater, Naruto (Indonesia)Original works Art. 10. Original Works and titles 1. The subject matter of intellectual property shall comprise all original literary, artistic or scientific productions expressed in any mode or form, whether tangible or intangible, known at present or that may be invented in the future, including the following: (…) 2. The title of a work shall be protected as a part of the work provided that it is originalOriginal worksBroad protectione.g. Classified adsAssembly instructionsPlagiarism No definition in our legal system See: Doctrine  Impersonation or identity theft Courts  SC (28/01/95): when two works present substantial similarities (characters, history, rhythm,…) and it is not only a “rough copy” E.g. TV formatsExpression Expressed by any means or medium, tangible or intangible, currently known or that may be invented in the futureOwnership of medium The buyer of the medium to whichthe work is incorporated does nothave any exploitation right overthe work E.g. - Oteiza, CA Madrid 4-05-2015 (ownership pfWorks by the Foundation does not entail ownership ofIP rights)IP scopeThe IP of an author is made of several powers:Moral rights (cannot be transferred)Economic rights (can be transferred)Author’s powersAuthor’s powers Moral rights (arts. 14-16): Divulgation Paternity Withdrawal of the work Access to rare copy Integrity/Modification Patrimonial rights (art.17 and following): Reproduction Distribution Communication to the public Transformation OthersTime limit Author’s rights are property rights limited in time The “post mortem auctoris” term is a guarantee of benefits for heirs of author International rule:Life of author + X yearsTime limit of moral rights in Spain Positive powers: decisions to do or not to do (modification/ withdrawal/ access to rare copy)  are extinguished with the author’s death (except the publication right: 70 years p.m.a. [safe the case of the author’s objection to the publication during his life] Negative powers: paternity, integrity  Survive the author without termTime limit of patrimonial rights in SpainArt. 26. DurationPatrimonial rights of the work will last during the life of the author and 70 years after his deathAnd then? Fall into public domain: - general access to the work; - there is no need to ask for authorisation to use itLimitations that may be interesting for journalistsPermitted uses of protected worksThere is no need of authorisation for these uses (although in some cases they have to be remunerated) Art. 32 Quotations Periodical compilations in the form of presssummaries or reviews are considered to bequotations. However, compilations of press articles withcommercial purposes cannot be made if theauthor opposes to it. If the author has notexpressed his opposition, the author has the right toan equitable remuneration.Case A digital newspaper selects every day a big number of articles from other newspapers and publishes them in its web page, either quoting the source of the information or copying the title and linking to the source.The other newspapers start proceedings against the digital paper. Shall they be successful?Arts. 33 and 35. Articles on topical subjects and reporting on current events 1. Studies and articles on topical subjects disseminatedby the media may be reproduced, distributed andcommunicated to the public by any other media of thesame type, subject to a mention of the source andauthor, and provided that no reserve copyrightnotice appeared on the original. All the foregoing shallbe without prejudice to the author’s right to receive theagreed remuneration or, in the absence of agreement, anequitable remuneration. 2. Any work that may be seen or heard in thereporting of current events may be reproduced,distributed and communicated to the public, but only inthe extent justified by the information purpose.

Intellectual Property

https://e-archivo.uc3m.es/bitstream/10016/32593/1/intellectual_bergel_2020.pdf

Intellectual Property

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