Legal Definitions - derecho de autor

Derecho de autor is the Spanish term for copyright. Copyright is a legal protection granted to the creators of original works of authorship, such as literary, dramatic, musical, and artistic works. This protection gives the creator (or the owner of the copyright) exclusive rights to use and distribute their work for a limited period. These exclusive rights typically include the right to reproduce the work, prepare derivative works, distribute copies, and perform or display the work publicly. It is a form of intellectual property that aims to encourage creativity by providing creators with control over their creations and the ability to profit from them.

• Example 1: A Musical Composition

  A songwriter composes a new melody and writes original lyrics for a song. Once this song is written down or recorded, it is automatically protected by derecho de autor. This means that only the songwriter (or their designated publisher) has the exclusive right to make copies of the sheet music, record the song, distribute it to the public, perform it live in concerts, or license it for use in a film. If another artist were to record and sell the song without permission, they would be infringing on the original songwriter's derecho de autor.

• Example 2: An Architectural Design

  An architect designs a unique building, creating detailed blueprints and 3D models. These original designs are protected by derecho de autor. This protection ensures that only the architect (or the firm that owns the rights) can authorize the construction of the building based on those plans, or allow others to create derivative works, such as another building with the same distinctive features. If a different developer were to use the architect's exact plans to build an identical structure without permission, it would be a violation of the architect's derecho de autor.

• Example 3: A Documentary Film

  A filmmaker produces an original documentary, involving extensive research, unique interviews, and creative editing of footage. The entire film, including its script, visual elements, soundtrack, and overall arrangement, is protected by derecho de autor. This gives the filmmaker the exclusive right to distribute the film to cinemas, sell DVDs or streaming rights, broadcast it on television, or create sequels or spin-offs. Should a television network air the documentary without securing the necessary licensing agreement from the filmmaker, they would be infringing upon the filmmaker's derecho de autor.