Understanding Copyright: Protection & Impact on Intellectual Creations

Concept and Importance of Copyright

Definition of Copyright:

Copyright refers to the legal rights of creators of intellectual works, such as music, literature, visual and cinematographic arts, software, among others . These rights guarantee the author control over the use, reproduction, distribution and adaptation of their creations, ensuring them the right to be compensated for the use of their works and to have due recognition.

Difference Between Moral and Property Rights:

Copyright is divided into two main categories: moral rights and property rights .

Moral rights are those related to the author's personal and inalienable relationship with his work . These rights include the right to be recognized as the author, the right to decide when and how the work will be published, the right to protect the integrity of the work, and the right to withdraw the work from the market if the author considers it to be damaging to his or her reputation. Moral rights are non-transferable and, in general, perpetual.

Patrimonial rights are those related to the economic exploitation of the work. The author has the exclusive right to use, authorize or prohibit the use, reproduction, distribution and adaptation of his creations. Patrimonial rights can be transferred , assigned or licensed to third parties, and have a limited duration, generally expiring 70 years after the death of the author.

The Relevance of Copyright in the Protection of Intellectual Creations:

Copyright is fundamental to encouraging creativity and innovation , allowing authors to benefit economically from their creations and invest in new works. Furthermore, they protect creators against misappropriation of their works by third parties, ensuring that they are duly recognized and respected for their contributions to society's cultural and intellectual heritage. Copyright also helps preserve the cultural diversity and promoting access and dissemination of knowledge, establishing a balance between the interests of authors and the interests of the community.