Intellectual property is made up of rights of a personal and/or patrimonial nature that attribute to the author and other owners the disposition and exploitation of their works and services. Includes copyright and industrial property.

These are the powers, moral and exploitative, that are recognized to the author of a work for the sole fact of the creation of a literary, artistic, or scientific work, whether published or unpublished.

It is the term with which Anglo-American legislation designates the "exploitation rights" of authors. Additionally, the © is used to indicate that a work is subject to copyright.

They are of two types:

• Moral rights correspond to the author of the work, they are inalienable and inalienable, so they cannot be assigned or waived.
• The economic or exploitation rights correspond to the author, except in certain cases provided for in the Spanish Intellectual Property Law, which are known as limits or exceptions. They are transferable rights and have a temporary validity period.

Mainly 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.

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

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

No, registration in the Intellectual Property Registry is voluntary.

The general term of the exploitation rights of the work is the life of the author and seventy years after his death. There are other deadlines for moral rights and other benefits, as well as for works by authors who died before 1987.

• Collaborative work: carried out by several authors under co-authorship. The rights belong to everyone proportionally or as agreed. The duration of the exploitation rights begins to be counted from the death of the last of the co-authors.
• Collective work: carried out by several authors under the coordination of a natural or legal person who edits it. The latter is the one who 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: made on the basis of another third party work . It can be a translation, adaptation, update, summary, etc. We must take into account the moral rights to modify the work, which belong to the author, and the right of transformation, which may belong to the author or have been transferred to the editor or producer.

When the term of rights protection has expired, it can be used by anyone, freely and free of 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 includes certain authorized uses of these works by libraries , educational centers and museums, accessible to the public, as well as archives, organizations for the conservation of cinematographic or sound heritage and public broadcasting organizations.

authorization from the rights is required However, there are some limited cases, provided for in articles 31 to 40 ter of the law, for which it is not necessary to request such authorization.

One way is to contact the rights holders and request it. It is advisable to establish the agreement in writing and take into account certain recommendations when preparing the authorization request .
For certain works or services you can contact the "Collective management entities of intellectual property rights" .

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

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

Yes, all rights reserved to the authors (copy, 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 to obtain remuneration.

No. The use of information on a website must comply with current legislation. It must be taken into account that the texts, images, photographs, design, videos or audiovisuals, etc.... of any Website, Blog, etc. are protected by applicable intellectual property legislation.

Yes, if it is done without the author's authorization. The author of a work has the exclusive right of communication to the public. When you place your work on a network, you make it possible to access it. To consider that there is public communication, it is not necessary for the user to access the work; it is enough for the work to be made available to the public, as is the case on the Internet.

One of the limits set by the law, in its article 32, is that of the citation and illustration of the teaching . Section 2 establishes that authorization from the author to regulated education teachers for small fragments of works or isolated works of a plastic or figurative photographic nature, excluding textbooks and university manuals , when they are used only for the illustration of their educational activities in the classrooms, without commercial purposes , as long as they are works already disclosed 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 whoever holds these rights.
Giving access through the Web or Virtual Learning is an act of making available and also requires the authorization of the right holder.

Yes, as long as you are the author of said works and have not transferred the copyright or have done so but reserving the option of authorizing these uses.

Retains all copyrights. Furthermore, these materials may not be used for any other purpose, only for the personal use of the students.

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

The license must always be taken into account and respected, even for resources subscribed by the Library. It is advisable to include the bibliographic reference with the link rather than upload the document.

If it is an artistic photograph, it will be 70 years after the death of the author, or 80 years if he died before December 7, 1987.
If it is a mere photograph, it has a protection period of 25 years to be computed from December 1. January of the year following the date it was carried out.

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 terms have expired. Otherwise, the express authorization of the owner of the exploitation rights is required, either

• Received directly and expressly from the author, if he maintains the exploitation rights or,
• Managed through the corresponding payment through the VEGAP management entity , in the event that the photographer appears 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 terms have expired. Otherwise, the express authorization of the owner of the exploitation rights is required, either

• Received directly and expressly from the author, if he maintains the exploitation rights or,
• Managed through the corresponding payment through the VEGAP management entity , in the event that the photographer appears 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 consult a selection of resources that allow you to search for creations in different media: photographs, audios, texts, etc.
At Vinci, Links for Engineers , you will find Open Access Image and Sound Repositories.

It is a flexible system for copyright management that allows the author to authorize certain uses. In an easy and free way, the author can incorporate them when disseminating his works. The licenses especially determine the purposes for which the works can be used, the possibility of transforming them and formal aspects in their dissemination .

Creative Commons license does not mean that the work loses copyright, it just changes the concept of "all rights reserved" to "some rights reserved." These types of licenses allow some exploitation rights to third parties under certain conditions.

There are four basic points that cover this type of license: authorship (by), non-commercial use (nc), sharing alike (sa) and no derivative work (nd). , six types of licenses are obtained .

The author chooses one of the licenses and, when he posts his work on the Internet, he identifies it with the Creative Commons and attaches the use license.
Thus, users will be able to easily identify the conditions that the author has established for the use of that work. For more information, consult the Guide prepared by the Library .

There are two main ways to publish in open access:

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

You can also consult the following directories that include institutional policies regarding open access: JULIET and ROARMAP
If the author has transferred any exploitation right (reproduction, distribution, public communication or transformation) exclusively to a third person, the author cannot post the document in the repository without permission of the publisher .

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

We commit plagiarism when we use another person's work, ideas, or words as if they were our own. This applies to any text, graph, diagram, software, image, photograph, etc. It is a very serious infraction against academic honesty .
To avoid this, we must:

• Capture the original phrase or paragraph, placing it in quotation marks and proving the authorship through a citation and a bibliographical reference , or
• Paraphrase the original words and prove authorship through a citation and bibliographic reference

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

Numerous national and international organizations have developed guidance guides that allow the basic concepts of this right to be disseminated:

• What is intellectual property? (prepared by WIPO)
• Artistic creations and copyright: a guide to intellectual property for young people (prepared by WIPO)
• Other WIPO publications
• The ABC 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 that we establish in our text to other people's ideas, phrases or documents . With it we send the reader to the source from which we borrowed the information. In practice, these can be numbers, asterisks, notes, etc. Example:

"Material Strength is the science that deals with the calculation of the mechanical resistance, rigidity and stability of the parts of a structure? (Ortiz Berrocal, 2007, p. 2)"

A bibliographical reference is a succinct and structured description of a document . It provides information on some of its fundamental characteristics: author, title, date, publisher, place, URL, etc. The reference of the example in the quote above would be the following:

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

There are numerous styles for creating citations and references. The UNE ISO 690: 2013 offers guidelines for its preparation.
Help website for making citations and bibliographic references .
For more information on Intellectual Property, contact the Library .