Visión General sobre Derechos de Autor

Copyright Overview

• Copyright is a legal right granted to the creator of original works of authorship, including literary, dramatic, musical, and other intellectual works.
• It protects the expression of an idea, not the idea itself. The concept can be copied, but the specific way it's expressed is protected.
• Copyright grants exclusive rights to the creator for a specific period, enabling control over reproduction, distribution, display, and adaptation of their work.

Copyright Subject Matter

• Copyright protection extends to original works of authorship fixed in any tangible medium of expression, now known or later developed.
• This protection is automatic upon creation and does not require formal registration.
• Examples include literary works (books, articles, poems), dramatic works (plays, screenplays), musical works (songs, scores), and other intellectual works like computer programs, photographs, and architecture.
• Works that are not original, such as facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries, are not copyrightable.

Copyright Ownership

• The initial owner of copyright is typically the author of the work.
• Exceptions exist, like work-for-hire agreements where the employer usually holds the copyright.
• Ownership rights can be transferred, licensed, or assigned with legal agreements.

Copyright Term

• Copyright protection lasts a specific period.
• Duration varies based on the work's creation date, the author's death, and other legal factors.
• For works created after a certain date, the term is typically the life of the author plus a specific number of years after their death.
• Works made for hire, regardless of the author, have a fixed term.

Copyright Infringement

• Infringement occurs when someone violates the exclusive rights of the copyright holder without permission.
• This includes unauthorized copying, distribution, display, or adaptation of the protected work.
• Penalties for infringement can include financial damages, court orders to stop infringement, and potential criminal prosecution.

Fair Use Doctrine

• The fair use doctrine offers a limited exception to copyright exclusivity.
• Fair use allows limited and transformative use of copyrighted material for criticism, comment, news reporting, teaching, scholarship, or research.
• Courts consider four factors in determining fair use:
  • The purpose and character of the use (commercial or non-profit educational).
  • The nature of the copyrighted work.
  • The amount and substantiality of the portion used.
  • The effect of the use on the potential market for or value of the copyrighted work.

Copyright Registration

• Registering a copyright with the relevant office strengthens legal claims.
• Registration provides an official record of ownership, aiding in infringement lawsuits, although copyright protection exists independently.
• It offers evidence of the copyright date and provides benefits in legal procedures.