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Intellectual Property

Intellectual Property Rights

Rights

As regards the rights that address intellectual property, a distinction is drawn between moral rights and patrimonial rights:

  • Moral rights:
    In comparison with the Anglo-Saxon court system, Spanish legislation clearly defends moral rights, recognised for authors and performers. These rights cannot be waived or alienated, they remain with the author or performer during their lifetime and are transferred to their heirs or assignees upon their death. One of the main moral rights is the right to the acknowledgement of the authorship of the work or of the name of the artist in relation to their acting or work, as well as the right to demand respect of the integrity of the work or acting and their non-alteration.
  • Rights of a patrimonial nature:
    A distinction should be drawn between the following:
    • Rights related to the use of the protected work or service, which in turn are further divided into exclusive rights and remuneration rights:
      • Exclusive rights are those that allow their holder to authorise or prohibit the use of their protected work or service and to demand a compensation in exchange for the authorisation granted.
      • As opposed to exclusive rights, remuneration rights do not entitle their holder to authorise or prohibit the use of their protected work or service. However, they do bind the user to pay an amount of money for their use. This amount is determined either by law or otherwise by the general fees of the management entities.
    • Compensatory rights, such as the right for private copy, which compensates the intellectual property rights not received due to copies of protected works or services exclusively for the copyist's private use.

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