Intellectual property comprises personal and/or economic rights that grant the author and other rights holders the right to dispose of and exploit their works and performances. It includes copyright and industrial property rights.

These are the moral and exploitation rights that are recognized to the author of a work by the mere fact of the creation of a literary, artistic, or scientific work, whether published or unpublished.

This is the term used in Anglo-American law to designate the "exploitation rights" of authors. In addition, the symbol © is used to indicate that a work is subject to copyright.

They are of two types:

• Moral rights belong to the author of the work, are inalienable and cannot be waived, and therefore cannot be transferred or relinquished.
• The economic or exploitation rights belong to the author, except in certain cases provided for in the Spanish Intellectual Property Law, which are known as limitations or exceptions. These rights are transferable and have a limited term of validity.

Primarily the reproduction, distribution, public communication and transformation of the work.

The Consolidated Text of the Intellectual Property Law , approved by Royal Legislative Decree 1/1996, of April 12. To
stay up to date, you can consult the Electronic Code on Intellectual Property (ePub) , which includes the latest developments in our legislation and a selection of the most relevant international treaties.

It protects original literary, artistic, or scientific creations expressed in any medium, such as books, writings, musical compositions, dramatic works, choreographies, audiovisual works, sculptures, paintings, plans, models, maps, photographs, computer programs, and databases . It also protects artistic performances, phonograms, audiovisual recordings, and broadcasts.

They are protected from the moment of their creation , without requiring compliance with any formal requirements.

No, registration in the Intellectual Property Registry is voluntary.

The general term for copyright protection is the life of the author plus seventy years after their death. Other terms apply to moral rights and other forms of compensation, as well as to works by authors who died before 1987.

• Collaborative work: created by several authors under a co-authorship agreement. The rights belong to all of them proportionally or as agreed. The duration of the exploitation rights begins upon the death of the last surviving co-author.
• Collective work: created by several authors under the coordination of a natural or legal person who publishes it. The latter holds the exploitation rights. The duration of these rights is established from the lawful publication of the work and is not related to the death of the authors.
• Derivative work: created based on another work . This can be a translation, adaptation, update, summary, etc. It is important to consider the moral rights of modification, which belong to the author, and the right of transformation, which may belong to the author or have been assigned to the publisher or producer.

When the period of protection of the rights has expired, it can be used by anyone, freely and without charge.

Those in which the copyright holder cannot be identified, either because the author's name does not appear in the document, the work has been published anonymously, or the heirs of the author's rights are unknown in the event of death.

The European Parliament approved a Directive that sets out certain authorized uses of these works by libraries , educational institutions and museums accessible to the public, as well as archives, film and sound heritage conservation bodies and public broadcasting organizations.

authorization from the rights holders is required . However, there are limited exceptions, provided for in Articles 31 to 40 ter of the law, for which such authorization is not necessary.

One way is to contact the rights holders and request it. It's advisable to put the agreement in writing and keep in mind certain recommendations when filling out the authorization request .
For certain works or performances, you can contact the "Collective Management Organizations for Intellectual Property Rights" .

According to the Intellectual Property Law, each entity has the autonomy to set its own fees. Currently, there are eight entities authorized by the Ministry of Education, Culture and Sport, which publishes information provided by these entities its website

It may constitute an infringement of intellectual property rights and the owner may exercise the criminal and/or civil actions provided for by law.

Yes, all rights reserved to the authors (copying, distribution, public communication and transformation) continue to be reserved in the digital environment.

Yes. Public dissemination via the internet does not imply that the rights holder has waived this right or the right to receive remuneration.

No. The use of information from a website must comply with current legislation. It's important to keep in mind that the text, images, photographs, design, videos, audiovisual content, etc., of any website, blog, etc., are protected by applicable intellectual property laws.

Yes, if it is done without the author's authorization. The author of a work has the exclusive right to communicate it to the public. When their work is placed on a network, it becomes accessible. For communication to be considered public, it is not necessary for the user to access the work; it is sufficient that the work is made available to the public, as happens on the internet.

One of the limits established by the law, in its article 32, is that of the citation and illustration of teaching materials . Paragraph 2 states that the author's authorization is not required for teachers in the formal education system to use small fragments of works or isolated works of a figurative plastic or photographic nature, excluding textbooks and university manuals , when they are used solely to illustrate their educational activities in the classroom, without commercial intent , provided that the works have already been published name of the author and the source are included .

Scanning a document is an act of reproduction and therefore requires authorization from the author or copyright holder.
Providing access through the web or online learning platforms is an act of making the document available and also requires authorization from the copyright holder.

Yes, provided that he is the author of said works and has not assigned the copyright or has done so but reserving the option of being able to authorize these uses.

All copyrights are retained. Furthermore, these materials may not be used for any other purpose than for the personal use of the students.

The right to make work available belongs, in principle, to the author. Therefore, it is necessary to request their authorization to make their work accessible through the virtual classroom or teaching website.
Several Spanish universities have been reported for following this practice and face substantial fines .

Always keep in mind and respect the license, even for resources subscribed to by the Library. It is advisable to include the bibliographic reference with the link rather than uploading the document.

If it is an artistic photograph, the copyright will last 70 years after the author's death, or 80 years if the author died before December 7, 1987.
If it is a mere photograph, it has a protection period of 25 years, calculated from January 1 of the year following the date it was taken.

Can photographs captured on the Internet be used?
Only in certain cases. For example, when the photograph is in the public domain, once the protection periods have expired.
Otherwise, the express authorization of the copyright holder is required.

• Received directly and expressly from the author, if the author retains the exploitation rights, or
• Managed through the corresponding payment via the VEGAP management entity , if the photographer is listed in its repertoire or,
• The photograph has a Creative Commons .

Only in certain cases. For example, when the photograph is in the public domain, once the protection period has expired.
Otherwise, express authorization from the holder of the exploitation rights is required.

• Received directly and expressly from the author, if the author retains the exploitation rights, or
• Managed through the corresponding payment via the VEGAP management entity , if the photographer is listed in its repertoire or,
• The photograph has a Creative Commons .

Yes, they can be used in any type of work.

Through the Creative Commons search engine, you can find a selection of resources that allow you to search for creations in various formats: photographs, audio, text, etc.
At Vinci, Links for Engineers , you will find open access image and sound repositories.

It is a flexible copyright management system that allows the author to authorize certain uses. Authors can easily and freely incorporate these licenses when publishing their works. The licenses specifically define the permitted uses of the works, the possibility of adapting them, and formal aspects of their distribution .

Yes, using a Creative Commons doesn't mean the work loses its copyright; it simply changes the concept from "all rights reserved" to "some rights reserved." These types of licenses allow certain exploitation rights for third parties under specific conditions.

There are four basic points that this type of license covers: authorship (by), non-commercial use (nc), share alike (sa), and no derivative works (nd). Combining these conditions results in six types of licenses .

The author chooses one of the licenses and, when uploading their work to the internet, identifies it with the Creative Commons and attaches the license agreement. This allows users to easily identify the conditions the author has set for using the work.
For more information, consult the Library's guide .

There are two main ways to publish in open access:

• The first is to publish in open access journals . There are currently more than 5,000 open access journals, which can be located in the Directory of Open Access Journals (DOAJ).
• The second option is to publish in journals that allow self-archiving of a copy of the publication in institutional repositories. To locate these, you can use the international directories ROAR and OPENDOAR, and Recolecta for national repositories.

You can also consult the following directories that compile institutional policies regarding open access: JULIET and ROARMAP.
If the author has transferred any exploitation rights (reproduction, distribution, public communication or transformation) exclusively to a third party, the author cannot upload the document to the repository without the publisher's permission .

SHERPA/ROMEO database online , where the copyright policies of the main international scientific and technical commercial publishers have been analyzed; or DULCINEA for Spanish publishers.

We commit plagiarism when we use someone else's work, ideas, or words as if they were our own. This applies to any text, graphic, diagram, software, image, photograph, etc. It is a very serious breach of academic honesty .
To avoid it, we must:

• original phrase or and crediting the authorship with a citation and a bibliographic reference , or
• Paraphrase the original words and credit authorship with a citation and a bibliographic reference.

The Ministry of Education, Culture and Sport has prepared a Guide on Security and Intellectual Property Rights for Academic Institutions .

Numerous national and international organizations have developed guidance documents that help disseminate the basic concepts of this right:

• What is intellectual property? (prepared by WIPO)
• Artistic creations and copyright: an intellectual property guide for young people (prepared by WIPO)
• Other WIPO publications
• The ABCs of Copyright (prepared by UNESCO)
• Plagiarism and Academic Honesty (produced by The University of Sydney Library and adapted and translated into Spanish by REBIUN and TIC)

A bibliographic citation is the link we establish in our text to external ideas, phrases, or documents . It directs the reader to the source from which we borrowed the information. In practice, this can be represented by numbers, asterisks, footnotes, etc. Example:

"Is Strength of Materials the science that deals with calculating the mechanical strength, stiffness, and stability of the parts of a structure? (Ortiz Berrocal, 2007, p. 2)"

A bibliographic reference is a concise and structured description of a document . It provides information on some of the document's key characteristics: author, title, date, publisher, location, URL, etc. The reference for the example citation above would be as follows:

• ORTIZ BERROCAL, L. Strength of Materials. 3rd ed. Madrid: McGraw-Hill, 2007

There are numerous styles for creating citations and references. The UNE ISO 690:2013 provides guidelines for their creation.
A help website for creating citations and bibliographic references .
For more information on intellectual property, please contact the Library .