¿ Qué es la propiedad intelectual ?

Summary

The video explores intellectual property rights, focusing on the protection of artistic creations under Spanish law. It discusses the distinction between industrial property and copyright, highlighting the duration of protection, which currently lasts 70 years after an author's death. The video traces the history of copyright laws, from Gutenberg’s invention of the printing press to the modern extension of copyright in 1998. It also introduces Creative Commons licenses, explaining how filmmakers can license their work for free distribution and modification. Legal challenges surrounding rights acquisition, co-productions, and image permissions are also addressed.

Takeaways

• 😀 Intellectual property refers to the rights protecting human creations, divided into industrial property (e.g., trademarks, patents) and copyright (for artistic creations).
• 😀 Spanish law protects original literary, artistic, and scientific works, including books, dramatic works, music compositions, films, photographs, sculptures, architectural projects, and software programs.
• 😀 Moral rights are always retained by the author, such as recognition of authorship and integrity of the work, while exploitation rights can be transferred, such as reproduction or public performance.
• 😀 The duration of copyright in Spain lasts 70 years after the author's death, after which works enter the public domain.
• 😀 The history of intellectual property protection dates back to 1439 with the invention of the printing press by Gutenberg, significantly changing the circulation of culture.
• 😀 The first intellectual property law, the Statute of Anne in 1710, recognized the author's rights but also required works to enter the public domain after a set period of protection.
• 😀 Over time, copyright durations have been extended, with significant milestones in 1710 (14 years), 1831 (42 years), 1909 (56 years), and 1998 (life of the author plus 70 years).
• 😀 In 1998, the extension of copyright duration occurred right before a famous character, Mickey Mouse, would have entered the public domain, preserving revenue generated by the character's image.
• 😀 Creative Commons is a popular licensing system that allows creators to select from various licenses for sharing their work, ranging from restrictive to more open licenses allowing modifications and commercial uses.
• 😀 To license a documentary with Creative Commons, creators must secure permissions from all involved parties (e.g., scriptwriters, musicians, interviewees) and ensure that their contract with co-producers, like RTVE, allows online sharing and modification of the content.

Q & A

What is intellectual property and how is it divided?

Intellectual property refers to the set of rights that regulate the protection of human creations. It is divided into two types: industrial property, which protects trademarks and patents, and copyright, which protects artistic creations.

What types of creations are protected by intellectual property under Spanish law?

Under Spanish law, intellectual property protects original creations, including literary, artistic, and scientific works such as books, dramatic works, translations, musical compositions, cinematographic works, paintings, photography, sculptures, architectural and engineering projects, and computer programs.

What are moral rights in the context of intellectual property?

Moral rights refer to the rights that remain with the author of a work, such as the right to be recognized as the author and to have the integrity of the work respected.

What are the economic rights of exploitation in copyright law?

Economic rights of exploitation, which are transferable, include the right to reproduce and publicly distribute a work.

How long does copyright protection last according to current Spanish law?

According to current Spanish law, copyright protection lasts for the life of the author plus 70 years. After this period, the work enters the public domain.

How has the duration of copyright evolved over time?

The duration of copyright has evolved with technological advancements and changes in legislation, starting with 14 years in 1710, extending to 28 years in 1831, 42 years in 1909, 56 years in 1976, and then to the life of the author plus 50 years in 1976. The most recent extension, in 1998, set the duration to the life of the author plus 70 years.

Why was the copyright duration extended in 1998?

The extension of copyright duration in 1998 coincided with the expiration of the copyright for a well-known American cartoon character, whose image generated millions of dollars. The extension aimed to protect these financial interests.

What is Creative Commons and how does it relate to copyright?

Creative Commons is a licensing system that allows authors to share their works with certain conditions, making it a more flexible alternative to traditional copyright. It provides options for creators to allow or restrict the commercial use, modification, and distribution of their works.

What factors should be considered when choosing a Creative Commons license?

When choosing a Creative Commons license, creators should consider whether they want to allow modifications or commercial use of their work, as well as how they want to control distribution and reproduction. There are six options, ranging from the most restrictive (no derivatives, no commercial use) to the most open (allowing any modifications and commercial use).

What is the process for licensing a documentary under Creative Commons?

The process involves signing a rights transfer contract with all contributors (like the scriptwriter, director, musicians, and graphic designers) specifying that the documentary will be licensed under Creative Commons. Additionally, authorization is required for the use of any copyrighted materials, such as images, music, and the likenesses of people featured in the documentary.