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Intellectual Property - Copyright: Exceptions to the Author's Exploitation Rights

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Vincent
AutorProf. Dr. Isabel Hernando
Cargo del AutorIntellectual Property - Copyright: Exceptions to the Author's Exploitation Rights

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.

Exceptions to the Author's Exploitation Rights.

In general terms, unless there exists an appropriate authorization or a license from the owner of the exploitation rights, it is unlawful to copy, reproduce, publish, broadcast, transform, or distribute a protected work. As such, when using pre-existing works or parts of pre-existing works, to protect oneself against potential claims from the owner of the pre-existing works one must ensure that: (a) the rights of the author of each work are in the public domain; or (b) a license or authorization from the owner of the right has been obtained; or (c) the authorization of the owner of a 'sui generis' right has been obtained from a database creator prior to the removal of database contents; or (d) the use of the protected material is within the exceptions recognized by copyright law.

Regarding the latter, the following exceptions exist:

  1. Rights of lawful Users in General

    Intellectual property laws seek to balance the rights of authors with those of users. To this end, and with a view to promoting the public interest in creative and cultural development, national laws permit certain uses of protected work that would otherwise be considered as acts of reproduction, distribution, transformation or public communication, but which do not require the authorization of the author or the holder of the exploitation right. Notwithstanding such exceptions, the use of the protected works may not prejudice the legitimate interests of the author or prohibit or be contrary in interest to the normal exploitation of the protected works.

    In terms of the scope of these 'exceptions', a review of the legislation which has been passed by different countries includes the following: (a) the right to quote from protected works for the purposes of education or investigation; (b) the reproduction and public communication of works for the purposes of conveying current economic, political or religious information, where the source and the author are...

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