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Spanish Copyright Law
Spanish copyright law governs copyright ( es, derechos de autor), that is the rights of authors of literary, artistic or scientific works, in Spain. It was first instituted by the Law of 10 January 1879, and, in its origins, was influenced by French copyright law and by the movement led by Victor Hugo for the international protection of literary and artistic works. As of 2006, the principal dispositions are contained in Book One of the Intellectual Property Law of 11 November 1987 as modified. A consolidated version of this law was approved by Royal Legislative Decree 1/1996 of 12 April 1996: unless otherwise stated, all references are to this law. Protected works The conception of a "protected work" in Spain (contained in Title II, Chapter 2) is generalist, and covers (art. 10.1) "all original literary, artistic or scientific creations expressed in any medium or support", including: *books, pamphlets, writings, addresses, lectures, judicial r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sui Generis
''Sui generis'' ( , ) is a Latin phrase that means "of its/their own kind", "in a class by itself", therefore "unique". A number of disciplines use the term to refer to unique entities. These include: * Biology, for species that do not fit into a genus that includes other species * Creative arts, for artistic works that go beyond conventional genre boundaries * Law, when a special and unique interpretation of a case or authority is necessary ** Intellectual property rights, for types of works not falling under general copyright law but protected through separate statutes * Philosophy, to indicate an idea, an entity, or a reality that cannot be reduced to a lower concept or included in a higher concept Biology In the taxonomical structure "genus → species", a species is described as ''sui generis'' if its genus was created to classify it (i.e. its uniqueness at the time of classification merited the creation of a new genus, the sole member of which was initially the ''sui ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directive 96/9/EC Of The European Parliament And Of The Council Of 11 March 1996 On The Legal Protection Of Databases
The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a directive of the European Union in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It harmonises the treatment of databases under copyright law and the ''sui generis'' right for the creators of databases which do not qualify for copyright. the directive is being reviewed as part of a proposed Data Act. Public submissions closed on 25June 2021, Lead DG: CNECT/G1. Landing page for download given. Download name: 090166e5ddb6bc31.pdf. and a proposal for new harmonised rules on data was published on 23 February 2022. Definition of database Article 1(2) defines a database as "a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means". Non-electronic databases are also covered (para. 14 of the pre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Directive 93/83/EEC Of 27 September 1993 On The Coordination Of Certain Rules Concerning Copyright And Rights Related To Copyright Applicable To Satellite Broadcasting And Cable Retransmission
Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission is a European Union directive which governs the application of copyright and related rights to satellite and cable television in the European Union. It was made under the internal market provisions of the Treaty of Rome. Satellite broadcasting An author has the exclusive right to authorise or to prohibit the broadcasting of his or her works by satellite (Art. 2). This right may only be subject to a compulsory licensing scheme when the satellite broadcast is simultaneous with a terrestrial broadcast rt. 3(2) Satellite broadcasting is assimilated to terrestrial broadcasting for the purposes of related rights (rights of performers, phonogram producers and broadcasting organisations) (Art. 4): the protection of these rights is governed by Directive 92/100/EEC. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Directive 93/98/EEC Of 29 October 1993 Harmonizing The Term Of Protection Of Copyright And Certain Related Rights
Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights is a European Union directive in the field of EU copyright law, made under the internal market provisions of the Treaty of Rome. It was replaced by the 2006 Copyright Term Directive (2006/116/EC). Duration of protection The principal goal was to ensure that there was a single duration for copyright and related rights across the entire European Union. The chosen term for a work was 70 years from the death of the author (''post mortem auctoris'', pma) for authors' rights regardless of when the work was first lawfully published (Art. 1), longer than the 50-year ''post mortem auctoris'' term required by the Berne Convention for the Protection of Literary and Artistic Works (Art. 7.1 Berne Convention). In the case that the author is anonymous or pseudonymous the term for a work is 70 years from the date of first lawful publication. The directive notes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Directive 92/100/EEC Of 19 November 1992 On Rental Right And Lending Right And On Certain Rights Related To Copyright In The Field Of Intellectual Property
Directive 92/100/EEC is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It creates a "rental and lending right" as a part of copyright protection, and sets out minimum standards of protection for the related rights of performers, phonogram and film producers and broadcasting organizations. Rental and lending right The following rightsholders have the exclusive right, subject to limitations, to authorize or prohibit the rental or lending of their works rt. 2(1) *authors in respect of the original and copies of their works (except buildings and applied art); *performers in respect of fixations of their performance; *phonogram producers in respect of his phonograms; and *producers of the first fixation of films in respect of the original and copies of their films. This list is limitative: Portugal has been censured by the European Court of Justice for creating a lending and rental right in favor of v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Directive 91/250/EEC Of 14 May 1991 On The Legal Protection Of Computer Programs
The European Union Computer Programs Directive controls the legal protection of computer programs under the copyright law of the European Union. It was issued under the internal market provisions of the Treaty of Rome. The most recent version is Directive 2009/24/EC. History In Europe, the need to foster the computer software industry brought attention to the lack of adequate harmonisation among the copyright laws of the various EU nations with respect to such software. Economic pressure spurred the development of the first directive which had two goals (1) the harmonisation of the law and (2) dealing with the problems caused by the need for interoperability. The first EU Directive on the legal protection of computer programs was Council Directive 91/250/EEC of 14 May 1991. It required (Art. 1) that computer programs and any associated design material be protected under copyright as literary works within the sense of the Berne Convention for the Protection of Litera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cable Television
Cable television is a system of delivering television programming to consumers via radio frequency (RF) signals transmitted through coaxial cables, or in more recent systems, light pulses through fibre-optic cables. This contrasts with broadcast television (also known as terrestrial television), in which the television signal is transmitted over-the-air by radio waves and received by a television antenna attached to the television; or satellite television, in which the television signal is transmitted over-the-air by radio waves from a communications satellite orbiting the Earth, and received by a satellite dish antenna on the roof. FM radio programming, high-speed Internet, telephone services, and similar non-television services may also be provided through these cables. Analog television was standard in the 20th century, but since the 2000s, cable systems have been upgraded to digital cable operation. A "cable channel" (sometimes known as a "cable network") is a tele ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Domain
The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and composition. Legal definitions Creative works require a cre ... to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Panorama
Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images. Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works. The phrase is derived from the German term ' ("panorama freedom"). History In the past, photography and other methods of visually representing public space were severely restricted, for reasons other than authors' rights. France prohibited such acts in the 19th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Spain
The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was enacted after its approval in a constitutional referendum, and it is the culmination of the Spanish transition to democracy. The Constitution of 1978 is one of about a dozen of other historical Spanish constitutions and constitution-like documents; however, it is one of two fully democratic constitutions (the other being the Spanish Constitution of 1931). It was sanctioned by King Juan Carlos I on 27 December, and published in the ' (the government gazette of Spain) on 29 December, the date on which it became effective. The promulgation of the constitution marked the culmination of the Spanish transition to democracy after the death of general Francisco Franco, on 20 November 1975, who ruled over Spain as a military dictator for nearly 40 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
