1.T1 - DERECHO DE AUTOR - Curso Autogestión Musical "Derechos y Registros"
Introduction to Copyright Law and Collective Management Societies
Overview of Copyright Law
- The discussion begins with a brief overview of the legal framework surrounding copyright law globally, highlighting its serious consideration starting in the late 19th century.
- The Berne Convention for the Protection of Literary and Artistic Works was established in 1886 in Bern, Switzerland, involving over 160 countries to create a unified approach to copyright issues.
- Argentina joined the Berne Convention and incorporated it into national law through Law 25.140 in 1999, building on an earlier intellectual property law from 1933 (Law 11.723).
Key Principles of the Berne Convention
- One fundamental principle is "national treatment," ensuring equal protection for works across member countries regardless of their origin.
- Another important principle is "independence of protection," meaning that copyright protection applies uniformly across member states without regard to local laws.
- The principle of "automatic protection" indicates that copyright arises automatically upon creation without needing formal registration; registration serves merely as evidence in disputes.
Evidence and Proof in Copyright Disputes
- In copyright litigation, any form of proof can be presented to establish authorship; no single type of evidence is deemed superior.
- Digital media complicates date verification; however, timestamps from social media or digital files can serve as credible evidence for authorship claims.
Moral Rights vs. Economic Rights
- The lecture distinguishes between moral rights (inherent to the author and non-transferable) and economic rights (related to exploitation and financial benefits from the work).
- Unlike some systems like copyright where moral rights are not recognized, under Roman legal systems adopted by Berne signatories, moral rights are protected.
Details on Moral Rights
- Moral rights include:
- Right of Attribution: Authors have the right to claim authorship and be identified with their work.
- Right to Integrity: Authors can prevent alterations that would harm their work's integrity or spirit.
- Right of Disclosure: Authors decide when their work is made public.
- Right to Withdraw: Authors may remove their work from circulation under certain conditions.
Economic Rights Explained
Understanding Author Rights and Exploitation of Works
Key Concepts of Author Rights
- Authors have rights that allow them to benefit from their work, including the ability to authorize, prohibit, or receive compensation for its exploitation.
- The rights include public performance (execution), reproduction, distribution, and synchronization; however, this list is not exhaustive.
- Reproduction refers to making copies and distributing them through various means, including digital platforms like the internet.
Types of Exploitation Rights
- Public communication allows an author to control live performances of their work.