Royal Decree Law 1 / 1996 of 12 April, which approved the text of the Copyright Act, regularizing, clarifying and harmonizing the existing legislation on the subject
Some articles from the intellectual property law
Section 1. MORAL LAW.
Article 14. Content and features of moral rights.
correspond the author the following indispensable and inalienable rights:
1. º decide whether his work is to be disclosed and how.
2. º determine whether such disclosure should be made with your name, under a pseudonym or sign or anonymously.
3. No demand recognition of his authorship of the work.
4. No right to demand respect for the integrity of the work and prevent any distortion, modification, alteration or attack against it that would prejudice their legitimate interests or undermine its reputation.
5. º alter the work respecting the rights acquired by third parties and the need to protect cultural assets.
6. º withdraw the work from trade, in exchange for their intellectual or moral convictions, subject to compensation of damages to the holders of exploitation rights. If the author later decides to resume exploitation of his work should provide the cor-respondents preferred the previous rights holder thereof and in reasonably similar to the original.
7. No access to the sole or rare from work, when it is in the possession of another, to exercise the right of disclosure or any other applicable. This right will not require the displacement of the work and access to the same effect will take place and manner that cause the least inconvenience to the possessor, which is in-demnizará, if any, for damages caused him.
SECTION 2. OPERATING RIGHTS
Article 17. Exclusive right of exploitation and the ways .
1. º decide whether his work is to be disclosed and how.
2. º determine whether such disclosure should be made with your name, under a pseudonym or sign or anonymously.
3. No demand recognition of his authorship of the work.
4. No right to demand respect for the integrity of the work and prevent any distortion, modification, alteration or attack against it that would prejudice their legitimate interests or undermine its reputation.
5. º alter the work respecting the rights acquired by third parties and the need to protect cultural assets.
6. º withdraw the work from trade, in exchange for their intellectual or moral convictions, subject to compensation of damages to the holders of exploitation rights. If the author later decides to resume exploitation of his work should provide the cor-respondents preferred the previous rights holder thereof and in reasonably similar to the original.
7. No access to the sole or rare from work, when it is in the possession of another, to exercise the right of disclosure or any other applicable. This right will not require the displacement of the work and access to the same effect will take place and manner that cause the least inconvenience to the possessor, which is in-demnizará, if any, for damages caused him.
SECTION 2. OPERATING RIGHTS
Article 17. Exclusive right of exploitation and the ways .
The author has the exclusive rights of exploitation of his work in any way and, in particular, reproduction, distribution, public communication, which can not be made without your permission, except as provided in this Act
article 18. Reproduction.
Reproduction means the fixing of the work in an enabling environment for their communication and to obtain copies of all or part of it.
Article 19. Distribution.
1. Distribution means the making public of the original or copies of the work by sale, lease, loan or otherwise.
2. When the distribution is made by sale in the European Union level, this right is extinguished by the first and only in relation to successive sales effected within the area by the owner or with his consent.
3. Rental means the making available of originals and copies of a work for use for a limited time and with an economic or commercial benefit directly or indirectly. Excluded from the concept of making available to rent for purposes of exhibition, public communication of phonograms or audiovisual recordings, including fragments of other, and that provision for consultation in situ.
4. Lending means the making available of originals and copies of a work for use time and not economic or commercial benefit direct or indirect, provided that the préstamose take place through establishments accessible to the public. Means that there is no economic or commercial advantage either directly or indirectly when the lending effected by an establishment accessible to the public gives rise to the payment of an amount not exceeding the amount necessary to cover its operating costs. Excluded from the concept of lending operations referred to in the second paragraph of paragraph 3 above or those that take place between establishments accessible to the public.
5. The provisions of this Article relating to rental and lending shall not apply to buildings or to works of applied art.
TITLE V Transfer of Rights Chapter I General Provisions
Article 45. Written formalization .
Any transfer shall be in writing. If, after having been formally called the transferee fails to meet this requirement, the author may choose to terminate the contract.
Article 46. Proportional and lump-sum compensation.
1. The transfer granted by the author for a consideration to a proportional share in operating income in the amount agreed with the transferee.
2. Provision may, however, a standard fee for the author in the following cases:
a) Where, considering the manner of exploitation, there is great difficulty in determining income or proof thereof is impossible or disproportionately expensive to the potential rewards.
b) where the use of the work is incidental to the activity or physical object to which they are intended.
c) Where the work, used with others, does not constitute an essential element of intellectual creation in which it is incorporated.
d) In the case of the first or sole edition of the following, previously undisclosed works:
1. No dictionaries, anthologies and encyclopedias
2. No prologues, annotations, introductions and presentations.
3. º 4 º
scientific works for the illustration of a work.
5. No translations
6. No reduced-price popular editions
CONTRACT ISSUE
article 18. Reproduction.
Reproduction means the fixing of the work in an enabling environment for their communication and to obtain copies of all or part of it.
Article 19. Distribution.
1. Distribution means the making public of the original or copies of the work by sale, lease, loan or otherwise.
2. When the distribution is made by sale in the European Union level, this right is extinguished by the first and only in relation to successive sales effected within the area by the owner or with his consent.
3. Rental means the making available of originals and copies of a work for use for a limited time and with an economic or commercial benefit directly or indirectly. Excluded from the concept of making available to rent for purposes of exhibition, public communication of phonograms or audiovisual recordings, including fragments of other, and that provision for consultation in situ.
4. Lending means the making available of originals and copies of a work for use time and not economic or commercial benefit direct or indirect, provided that the préstamose take place through establishments accessible to the public. Means that there is no economic or commercial advantage either directly or indirectly when the lending effected by an establishment accessible to the public gives rise to the payment of an amount not exceeding the amount necessary to cover its operating costs. Excluded from the concept of lending operations referred to in the second paragraph of paragraph 3 above or those that take place between establishments accessible to the public.
5. The provisions of this Article relating to rental and lending shall not apply to buildings or to works of applied art.
TITLE V Transfer of Rights Chapter I General Provisions
Article 45. Written formalization .
Any transfer shall be in writing. If, after having been formally called the transferee fails to meet this requirement, the author may choose to terminate the contract.
Article 46. Proportional and lump-sum compensation.
1. The transfer granted by the author for a consideration to a proportional share in operating income in the amount agreed with the transferee.
2. Provision may, however, a standard fee for the author in the following cases:
a) Where, considering the manner of exploitation, there is great difficulty in determining income or proof thereof is impossible or disproportionately expensive to the potential rewards.
b) where the use of the work is incidental to the activity or physical object to which they are intended.
c) Where the work, used with others, does not constitute an essential element of intellectual creation in which it is incorporated.
d) In the case of the first or sole edition of the following, previously undisclosed works:
1. No dictionaries, anthologies and encyclopedias
2. No prologues, annotations, introductions and presentations.
3. º 4 º
scientific works for the illustration of a work.
5. No translations
6. No reduced-price popular editions
CONTRACT ISSUE
Article 60. Formalization and Minimum .
The publishing contract shall be made in writing and shall in all cases:
1. º If the transfer of copyright to the publisher is exclusive.
2. º The territorial scope
3. º The maximum and minimum number of copies that the print run or each of which was convenient.
4. º The form of distribution of copies and those that are reserved for the author, criticism and promotion of the work.
5. º The author's remuneration, established pursuant to Article 46 of this Law
6. º The deadline for entry into service of copies of the sole or first edition, which may not exceed two years date on which the author delivered the work in the editor form suitable for reproduction thereof.
7. º The period in which the author must present the original of his work to the publisher.
Article 62. Edit in book form.
1. In the case of the publication of a work in book form, the contract shall in addition, the following: a) The language or languages \u200b\u200bin which the work has been published.
b) The advance granted, if necessary, by the editor the author to realize their rights.
c) the form or forms of publication and, where appropriate, the collection will form part.
2. The lack of expression of the language or languages \u200b\u200bin which the work has been published only entitle the publisher to publish it in the original language of it.
3. When the contract provides for publication of a work in several official English languages, the publication one of them does not absolve the editor of the obligation of its publication in the others. If after five years since the author delivered the work, the publisher had not published in all languages \u200b\u200bspecified in the contract, the author may terminate with respect to languages \u200b\u200bthat have not been published.
4. Nothing in the preceding paragraph shall apply also to translations of foreign works in Spain.
Article 64. Editor's Notes.
The duties of the editor:
1. º reproduce the work in the agreed form, without introducing any changes that the author has not consented, and on the copies the name, signature or identifying mark.
2. º submit the galley proofs to the author, unless otherwise agreed.
3. º proceed with the distribution of work within the period and conditions stipulated.
4. º. Ensure that the work is exploited continuously and commercial distribution conformea \u200b\u200bthe usual practice in the professional publishing sector.
5. º Meet the author the remuneration specified, and, where it is proportional, at least once every year, the appropriate final settlement, of which he shall be accountable. You should also make available annually to the author a certificate which will identify the data the manufacture, distribution and stocks of copies. To this end, if the author so requests, the publisher shall submit supporting documents.
6. º restore to the original author of the work, to be published once completed the typesetting and printing operations of the same.
Article 65. The author is obliged
obligations of the author:
1. º Give the editor in the appropriate form for reproduction and within the agreed period the work to be published.
2. No Reply to the publisher for the authorship and originality of the work and the peaceful exercise of the rights granted him.
3. No Correct galley proofs, unless otherwise agreed.
Article 66. Changes in the content of the work.
The author, during the proofreading, the work may introduce any changes it deems necessary, provided they do not alter its character or purpose or substantially increase the cost of publishing. In any case, the publishing contract may specify a maximum percentage of corrections on the whole work.
Article 67. Copyright in case of sale and destruction of the balance edition.
1. The publisher may not, without consent of the author, remainder the edition before two years of initial circulation of copies.
2. After that time, if the publisher decides to balance those copies, he shall formally notify the author, who may choose to acquire scoring balance on the price or, in the case of proportional remuneration, collect 10 to 100 of baggage by the editor. The option must be exercised within thirty days after receipt of the notification.
3. If, after the same period, the publisher decides to destroy the remaining copies of an edition, you must also notify the author, who may require to be handed over to him all or some of the copies, within thirty days of notification. The author may not put the said copies to commercial use.
Article 68. Resolution.
1. Without prejudice to any compensation due to him, the author may terminate the publishing contract in the following cases:
a) If the publisher does not make the publication of the work on time and conditions agreed.
b) If the publisher fails to comply with an obligation referred to in paragraphs 2, 4 and 5 of Article 64, however the author's express requirement enforced.
c) If the editor comosaldo The sale or destruction of the copies that remaining in the edition without meeting the requirements of Article 67 of this Act
d) where the publisher assigns his rights to another party.
e) Where, under various editions and exhausted the last performed the publisher does not make the next edition within one year of having been requested to do so by the author. An issue is considered dead for the purposes of this article when the number of unsold copies is less than 5 per 100 of the total edition, and in any case be less than 100.
f) In the event of liquidation or change in ownership of the publishing company, if not started playing the work, with refund, if any, of the amounts received in advance.
2. When cessation of the editor or as a result of bankruptcy proceedings to suspend the operation of the work, the judicial authority, at the request of the author, may fix a date for resumption of such exploitation, the contract being terminated if no editing is done.
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