Intellectual Property - Copyright: Categories of Rights to IT Components

AutorProf. Dr. Isabel Hernando
Cargo del AutorIntellectual Property - Copyright: Categories of Rights to IT Components

Under copyright law, any copy, reproduction, publication, broadcasting, and public distribution of protected material is unlawful unless an authorization has been obtained or a license has been granted by the owner of the exploitation rights. These underlying principles of copyright are applicable both in the 'off-line' and 'on-line' world. As a basic definition, copyright is a legal term stipulating rights given to creators for their artistic, scientific and literary works.

Categories of Rights to IT Components.

Authors of works may license others to exploit a work, or may assign such rights to a third party. Under most legal regimes, the rights accorded to the author are the rights to grant licenses or to make assignments to third parties, and the right to retain moral rights. [8]

  1. Moral Rights

    The expression of moral rights differs from one country to another, and varies from an absence of any such laws to full legal recognition and restrictions that provide that moral rights cannot be waived or alienated.

    When moral rights are fully recognized under national laws, such rights most often include the following:

    (a) Paternity or authorship right. The author is entitled to remain associated with his/her work as the author. As such, in the case of CD-ROMs, the name of the author must appear on the cover of the work or where it may be easily accessible to others and, in the case of web sites, the name of the author must be included on the home page of the web site (i. e. the first page that a visitor would usually access when visiting a site) and also on any update to the web site or on any additional/supplementary information regarding the web site.

    (b) Integrity right. The author may prevent any distortion, modification or alteration of the work, where such distortion, modification or alteration may prejudice the author¿s reputation or threaten the work¿s creative integrity. Examples of how this right may be violated include: the addition of a prologue to a work, even where such prologue is laudatory, as long as it is associated with the work without the author¿s authorization; the coloring of an audio-visual work created in black and white for viewing on a web page/site; the superimposition of a logo during the broadcast of a film; the reduction in size or the use of a portion of a work for the purpose of including the work on a web page/site; the use of music elements in advertising; and the insertion of an advertisement in a...

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