Paul F Burgueño

Copyright

Copyright and Copyright are not identical, although the terms are often confused and used interchangeably. What are the main differences?

Copyright is a legal term of Anglo describing rights given to creators for their literary and artistic works. It originated in Anglo-Saxon culture of the Common Law (UK, U.S. and other countries of the Commonwealth), which provides the author and creator of works that can be traded, generating a value chain nomad.

In contrast, the term "Copyright" defines a much more spiritual relationship between the creator and his work. Responds to a more protectionist, fruit of the French Revolution.

At the academic level, the main difference between Copyright and Copyright is that the former gives a "purely economic exploitation monopoly" in favor of its authors. In contrast, copyright is referred to as "the most sacred of all property," recognizing the author not only economic rights in his work but also moral (together the "spirit of the creation of the intellect").

In practical terms, the Copyright historically has been defined as a system of protection of economic rights of the creator, while copyright has expanded its scope to other intangible called moral nature, protecting the right of attribution and the integrity of the work, among others.

Currently, these differences are being diluted through the intervention of a number of factors of globalization and harmonization of laws as the activity of the WIPO and the new terms of protection recognized in the U.S. (which bring its system to European rights, more protective) .

Of course, technology and the Internet have much say in this rapprochement of positions. This is particularly striking application of the doctrine of Fair Use in Case 749/2007 of 17 September of the Audiencia Provincial de Barcelona, commented on Expansion by Iban Díez López.

"On the way to Copyright? I'm writing the next post.