CAPITULO V

5. AUTHOR RIGHTS 

Authors’ rights are a part of copyright law. The term is a direct translation of the French term droitd’auteur (also German Urheberrecht), and is generally used in relation to the copyright laws of civil law countries and in European Union law. Authors' rights are internationally protected by theBerne Convention for the Protection of Literary and Artistic Works and by other similar treaties. “Author” is used in a very wide sense, and includes composers, artists, sculptors and even architects: in general, the author is the person whose creativity led to the protected work being created, although the exact definition varies from country to country. Authors’ rights have two distinct components: the economic rights in the work and the moral rights of the author. The economic rights are a property right which is limited in time and which may be transferred by the author to other people in the same way as any other property (although many countries require that the transfer must be in the form of a written contract). They are intended to allow the author or their holder to profit financially from his or her creation, and include the right to authorize the reproduction of the work in any form (Article 9, Berne Convention)[1]. The authors of dramatic works (plays, etc.) also have the right to authorize the public performance of their works (Article 11, Berne Convention). The protection of the moral rights of an author is based on the view that a creative work is in some way an expression of the author’s personality: the moral rights are therefore personal to the author, and cannot be transferred to another person except by testament when the author dies.[2] The moral rights regime differs greatly between countries, but typically includes the right to be identified as the author of the work and the right to object to any distortion or mutilation of the work which would be prejudicial to his or her honour or reputation (Article 6bis, Berne Convention). In many countries, the moral rights of an author are perpetual.

5.1. GENERAL DEFINITION

Copyright and copyright are two conceptions of literary and artistic property. The first comes from the family of civil law, particularly the French law, while the second comes from common law (or common law).

The copyright is based on the idea of a personal right of the author, based on a form of identity between the author and his creation. The moral law is constituted as an emanation of the author's person: he recognizes that the work is an expression of the author's person and thus protects you.

Copyright protection is strictly limited to the work, regardless of the author's moral attributes in relation to his work, except paternity, not an author considers it proper, but has rights that determine patterns of use of a work.

[Edit] Historical background

While seniority is possible to find emerging ideas about a right of intellectual works, not until the advent of printing, which allowed mass copying and distribution of works, when the need arises to protect the works not as material objects but as sources of intellectual property.

Although formally seeks to place the birth of copyright and the copyright in the eighteenth century, in fact can be regarded as the first author to claim copyright in the Western world, long before the Statute of Anne, 1710 the United Kingdom or the dispute of 1662 in which interfered the Union of the Crowns, was Nebrija, creator of the famous Spanish Grammar and promoter of printing in the University of Salamanca in the late fifteenth century.

Later in eighteenth century England works publishers (the booksellers) argued the existence of a perpetual right to control copying of the books I had acquired from the authors. This law meant that no one else could print copies of the works on which held the copyright.

The Statute of Anne came into force in 1710

The Statute of Anne, adopted by the English Parliament in 1710, was the first standard for copyright history. This law stated that all published works receive a copyright term of 14 years, renewable once if the author was still alive (or, that is, more than 28 years of protection). While all works published before 1710 would get a single period of 21 years from that date. However, the public domain in the common law was born in 1774 only after the case of Donaldson v. Beckett that discussed the existence of copyright in perpetuity (the House of Lords ruled 22 votes to 11 against that idea).

United States incorporated the principles laid down in England over copyright. Thus the 1787 Constitution, Article I, Section 8, Clause 8 (the clause in progress)-sets for authors' rights in creative property "for a limited time. In 1790, Congress enacted the first Copyright Act ('Act on copyright'), creating a federal system of copyright and protecting it for a period of fourteen years, renewable for the same term if the author was alive at maturity (or that is, more than 28 years of protection). If there was no renewal, his work passed into the public domain.

While in the United States, copyright has become a tradable property right in France and Germany developed the copyright, under the idea of unique expression of the author. In that vein, the German philosopher Kant said that "a work of art is inseparable from its author."

In France in 1777, Beaumarchais (author of the comedy The Barber of Seville), founded the first organization to promote recognition of the rights of authors. But it was not until the end of the French Revolution to the National Assembly approved the first Loi du droitd'auteur ("Copyright Act") in 1791. 5.1.1 AuthorRightsLaws

5.1.1. AuthorRightsLaws

Chapter I General Provisions

Chapter II Content of the right

Section 1 Economic Rights and duration

Section 2 Moral Rights

Chapter III of the limitations and exceptions to copyright

Chapter IV: foreign works

Section 1 Restrictions on the right of translation

Section 2 Limitations on the right of reproduction

Chapter V of the economic rights

Chapter VI Special provisions for certain works

Chapter VII cinematographic work

Publishing Contracts Chapter VIII

Chapter IX Agency Contract

Chapter X contract for phonographic fixation

Implementation Chapter XI of musical works

Chapter XII Related Rights

Chapter XIII of the transmission of copyright

Chapter XIV From Public Domain

Chapter XV National Register · copyright

Chapter XVI of the authors' association

Chapter XVII of the sanctions

Chapter XVIII Proceedings before the civil courts

Final ProvisionsChapter XIX

5.2. INDUSTRIAL DESIGN RIGHTS

The registration of industrial designs are documents that describe a picture or a two-dimensional or three-that is original and industrially applicable. They cover both the drawings and fabric stamping or drawing of the face of a tire which are considered two-dimensional or flat, as three-dimensional shapes such as a car body or outward form of a phone, are applicable to most the requirements of the patent. The main difference is that those are mainly related to aspects of utility (solve a technical problem), while they protect only formal aspects of external visual appearance may be merely ornamental.

5.2.1. Industrial Design Intellectual Property

Industrial Designs: constituted by any three-dimensional shape to serve as a model or pattern for the manufacture of an industrial product, to give you a special appearance does not imply technical effects (art. 32 fracc. II LPI).

Are any combination of images, lines or colors incorporated into an industrial product for ornamentation purposes and to give an appearance of its own are two-dimensional (art. 32 fracc. I LPI).

5.2.2. Originalityrequirements

 New:

The only requirement for a new industrial design that is original, not equal to or confusingly similar to another that is already in the public domain worldwide. Therefore, for industrial designs also require absolute novelty.

It applies to industrial designs the same standard patent on the preservation of novelty, which was not lost by disclosure made by the inventor or his assignee, provided that the application for industrial design within one year from the first disclosure.

 Industrial Application:

For an invention is the subject of utility model, industrial application must be in the same manner as patents and utility models.

 Registrability:

They are not registrable designs whose characteristics were dictated solely by technical considerations or by performing a technical function, not merely those that are designed to interconnect mechanical parts, unless they involve a power strip or part of a modular system.