Copyright and Related Rights
In terms of copyright, our legal system also includes the protection of so called linked or related rights, of which we will also refer in subsequent paragraphs.
In accordance with the Federal Law of Copyright is the recognition that the State makes in favor of any creator of literary and artistic creations, by virtue of which it grants its protection so that the author enjoys exclusive prerogatives and privileges of a personal and patrimonial nature.The first integrate by the so called moral right and the second, the economic right.
By virtue of the moral rights, the creation will always be linked to its author, and can adopt the measures that allow him to preserve and protect his creation. While moral rights in favor of authors may vary from legislation, but there are rights that are universally recognized, such as, the right of paternity (recognition as author), and the right to oppose any modification of the creation that may damage the reputation of creator.
The moral right is considered attached to the author and is inalienable, imprescriptible, unrenounceable andun-seizable.
The economic rights, have an economic meaning, because they grant their owners the power to authorize or prohibit the exploitation of the creation. The author can transmit his economic rights or grant licenses for the exploitation of the creation.
The transfer of economic rights is temporary in accordance with the Law, this provides, that if not expressly stated, the transmission will be considered for 5 years, and can only celebrate an exceptional agreement for more than 15 years when the type of creation and investment justify it.
There are cases in which a creation can be used without requiring the authorization of the owner of the economic right, and without covering any remuneration, as long as "the normal exploitation of the creation" is not affected, but this use is conditioned to certain requirements such as: The source must be cited and the creation must not be altered.
The law indicates the following cases:
• Cited of texts, provided that the quantity taken can not be considered as a simulated and substantial reproduction of the content of the creation;
• Reproduction of articles, photographs, illustrations and comments referring to current events, published by the press or broadcast by radio or television, or any other means of dissemination, if this has not been expressly prohibited by the owner of the right;
• Reproduction of parts of the creation, for criticism and scientific, literary or artistic research;
• Reproduction for a single time, and in a single copy, of a literary or artistic creation, for personal and private use by the person who makes it and without profit. The moral persons can not avail themselves of the provisions of this fraction unless it is an educational institution, research, or that is not dedicated to commercial activities;
Reproduction of only one copy, by an archive or library, by reasons of security and preservation, and that is exhausted, discontinued and in danger of extinction;
• Reproduction for evidence in a judicial or administrative proceeding, and
•Reproduction, communication and distribution through drawings, paintings, photographs and audiovisual procedures of the creations that are visible from public places.
Of course, the aforementioned cases involve subjective issues that must be analyzed in the specific case, to determine whether or not they affect the rights of the author or the owner of the economic rights.
For a creation to be protected by the Law, it must comply with the following requirements: Be original in the form of expression, and capable of being disclosed or reproduced in any form or media.
The law indicates a list of 14 divisions or categories within which a creation may be included, these categories are the following:
2.- Musical, with or without lyrics;
5.- Pictorial or drawing;
6.- Sculptural and plastic art;
7.- Cartoon and comic;
9.- Cinematographic and other audiovisual creations;
10.- Radio and television programs;
11.- Computer programs;
13.- Creations of applied art that include graphic or textile design, and
14.- Compilation, composed of collections of creations, such as encyclopedias, anthologies, and creations or other elements such as databases, provided these collections, by their selection or the arrangement of their content or materials, constitute an intellectual creation.
The recognition of copyright and related rights does not require registration, so that the protection granted by the Law to creations is from the moment they have been set in a material support, regardless of the merit, destination or mode of expression. However, obtaining the registration facilitates the protection and defense of the creation, as well as derived rights.
Validity of the economic rights
This right is valid during the life of the author and one hundred years counted from his death.
When the creation belongs to several coauthors, one hundred years will be counted from the death of the last one.
Once the validity of the economic right expires, the creation will pass to the public domain.
Related or linked rights
They are called related rights to all privileges granted to those intermediaries who, without being authors, contribute to the dissemination of the creation, this type of rights falls on the performers, book publishers, producers of phonograms and videograms, as well as like the broadcasting organizations. Related rights are also identified as accessory rights, because they require an original creation to execute or interpret it.
There is a maxim that owners of linked rights should not affect the protection afforded to copyright.
Related rights are protected by the Federal Copyright Law.
For the validity of the protection of linked rights, the following rules apply:
* The duration of protection granted to performers will be seventyfive years counted from:
I. The first fixation of the performance in a phonogram;
II. The first performance or performance of creations not recorded in phonograms, or
III. The transmission for the first time through the radio, television or any media.
* Book Publishers: The protection referred to in this chapter will be 50 years counted from the first edition of the book in question.
Periodicals publications will have the same protection that this chapter grants to books.
* Phonograms: The protection has a validity of seventy five years, from the first fixation of the sounds in the phonogram.
* Videograms: The protection is valid for fifty years from the first fixation of the images in the videogram.
* Broadcasting organizations: The protection is valid for fifty years from the first broadcast or original transmission of the program.