The owner of a copyright has the right to exclude any other person from reproducing, preparing derivative works, distributing, performing, displaying, or using the work covered by copyright for a specific period of time. Copyrighted work can be a literary work, musical work, dramatic work, pantomime, choreographic work, pictorial work, graphic work, sculptural work, motion picture, audiovisual work, sound recording, architectural work, mask works fixed in semiconductor chip products, or a computer program. Only a concrete "medium of expression" can be copyrighted, facts, ideas, procedures, processes, systems, methods of operation, concepts, principles or discoveries cannot themselves be copyrighted. Items to be copyrighted must be original and not the result of copying another copyrighted property.
Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work. Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or under a pseudonym, and the right to the integrity of the work. The preserving of the integrity of the work bars the work from alteration, distortion, or mutilation. Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her rights to a work to a third party, he or she still maintains the moral rights to the work, unless waived.
Moral rights of a copyright owner refer to the non-economic rights associated with a copyrighted work. These rights are inherent to the creator and are intended to protect their personal and reputational interests associated with the work. They emphasize the author's connection and control over their creation, ensuring their integrity and preventing misuses that may harm their reputation. There are three types of moral rights recognized internationally, which are: 1. Right of Attribution: This right entitles the copyright owner to be properly recognized and attributed as the author of the work. It ensures that any use or reproduction of the work includes the name of the author, thereby acknowledging their creative contribution. 2. Right of Integrity: The right of integrity safeguards the work from any distortion, modification, or mutilation that may harm the author's reputation. It provides the author with the power to object to any alterations or modifications made to their work, which could be done without their consent or contrary to their artistic vision. 3. Right of Disclosure: The right of disclosure allows the copyright owner to decide whether and when the work should be made available to the public. It empowers the author to control the timing and release of their work, protecting them from premature or unauthorized publication. These moral rights are recognized in various countries worldwide, but the extent of their protection and legal enforceability may vary. In some jurisdictions, such as France and Germany, moral rights hold considerable weight and are regarded as inalienable, while in others, such as the United States, they are less enforceable and can be waived or transferred. The importance of moral rights lies in preserving the integrity and dignity of the author's creative work. They provide a legal framework that respects and acknowledges the non-economic interests of copyright owners, ensuring their rights in relation to authorship, reputation, and artistic vision.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
