The author right protects literary and artistic works, such as novels, poems, musical plays, films, works, works of art, – architectonic drawings, sculptures, paintings, photographies) and designs. This right protects (exclusively expressions, and it does not protect procedures, mathematical methods of operation or concepts. A certain confusion between the American system of the copyright and the European system of author rights exists. In Europe an approach has been adopted that conceives the right of author like a right of the person; we see briefly as they are the main differences between these systems: – The American system is based on economic considerations, whereas the European system is tie to considerations referred to the person, since we have aimed. – In the American system of the copyright it is possible that the author is as much a physical person as a company (legal person), whereas in European scope is always an original activity of a natural person (physical person).
– The European system of author rights, unlike the American system, is integrated by rights patrimonial morals and rights. In this sense Text Recasted of Law of Property Intellectual establishes that the intellectual property is integrated by rights of character personal (right morals) and patrimonial, that attribute to the author total the disposition and the exclusive right to the operation of the work, without more limitations than established in the Law . The rights morals include: The publication right: the author can choose when to disclose his work. The attribution right: the author has the right to to be associate with the work like his legitimate author, and The right of integrity of the work: the author must right to be against to any modification of his work. On the other hand, the patrimonial rights include: The right of reproduction: that it is translated in the right to authorize the reproduction of his work.
The transformation right: the author has the right to authorize the translation, adaptation, adjustment or any transformation of his work. The distribution right: the author controls the form in which its work is available, or by sale, renting or loan, and the right of public communication. In Spain, we positioned ourselves like violators of the Law of Intellectual Property if, for example, we unloaded in our computer images, texts and we incorporated – without the due authorization in our page Web, blog, if we unloaded music without the due authorization etc. In this case, his holder will be able to require the immediate cease of our illicit activity and to demand the corresponding indemnification by the caused damages and damages. In addition, we could be harming the Statutory law of Protection of Data inasmuch as that the unloaded information could contain data personal and we would be coming to its diffusion through our page Web (we remember that in Internet one would be an ample spreading, in terminology of the AEPD). Audea Security of the Information LIMITED LIABILITY COMPANY. Legal department