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Intellectual Property

Intellectual Property Subjects

It is necessary to separate the copyright subjects and the holder of other intellectual property rights (also known as related, connected or neighbouring rights):

Copyright subjects:

An author is defined as a natural person who creates a literary, artistic or scientific work. The following are objects of intellectual property: all original literary, artistic or scientific creations expressed by any means or support, whether tangible or intangible, currently existing or to be invented in the future. The intellectual property of a literary, artistic or scientific work corresponds to the author due to the mere fact of its creation.

The condition of author cannot be waived, cannot be transferred "inter vivos" or "mortis causa", does not expire over time, does not become public domain and does not prescribe.

Holders of other intellectual property rights:

  • Performers. A performer is defined as a person who represents, sings, reads, recites or interprets a work in any way. This figure is similar to that of stage manager or orchestra conductor.
  • Phonogram producers. A natural or legal person who adds the exclusively the sound in the realisation of a work or other sounds for the first time and under their own initiative and responsibility.
  • Audio-visual recording producers. A natural or legal person who takes the initiative and assumes the responsibility of the audio-visual recording.
  • Radio broadcasting entities. Legal persons who broadcast information under their organisational and financial responsibility.
  • Creators of mere photographs. A person who takes a photograph or another copy obtained through a similar procedure, as long as neither are works protected by Book I of the Intellectual Property Act.
  • Protection of certain editorial productions. This refers to the unpublished works of public domain and to certain works that are not protected by the provisions in Book I of the Intellectual Property Act.

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