Copyright Law And Intellectual Property Law

Copyright Law and Intellectual Property Law

From the appearance of printing, at the end of the 19th century, reproduction of works were made and this implied problems for certain authors since this generated the excessive reproduction of their works and also the lack of protection at that time was totally indisputable and of thisway the only ones who benefited were the owners of the printing companies and edition.

Thus, intellectual property right is born for the security and legal protection of intellectual property rights. Subsequently in the digital age, with new technologies and methods of transmission of works through digital networks not only nationwide but also worldwide, this protection of copyright is much more necessary and in the same way their rightsRelated. It is for this reason that the function of collective management societies plays an important and extremely necessary role within this protection of rights, since now with these technological advances it needs to be much more strengthened.

Starting from this, three fundamental points will be analyzed in this essay to be able to understand the collective management societies within intellectual property. As the first point we have “copyright” this to be clear about basic concepts and thus leave to the next point that will be “related rights” and finally, as an extremely important point “that are and what are the use of collective management societies". All this since it is extremely important to be clear about these issues for a true protection of intellectual property rights.

DEVELOPING

Copyright

The works that have been generated from the ingenuity and intellect of a person must be properly protected. This is why copyright arises. This right considered a bit modern, regulates the creation of an author, whether his intellect or his ingenuity, that is, can be applied in creations such as books, musical works, theater, sculptures, paintings, among others. To understand what copyright refers we must take into account certain very necessary definitions mentioned by experts in the field.

Thus, for Delia Lipszyc, copyright are: “The branch of the right that regulates the author’s subjective rights on the creations that present individuality resulting from their intellectual activity, which are usually stated as literary, musical, theatrical, artistic, artistic, worksscientific and audiovisual ”(Lipszyc, 1993)

Starting from this concept, it can be noted that copyright are clearly necessary since they are a set of norms that regulates and is intended to provide the respective support and recognition and first of all the protection of the authors of a workTaking into account that these creations are always in relation to society.

It is for this reason that based on the need for protection of these rights, different legal bodies and international treaties have been created. Thus, these rights always seek recognition and not only morally but also in an economic way to the creator of the work since it is evident that the creation of a work implies in the same way many other factors.

In the intellectual property law of our country in its article 8, it states that the object of copyright is, “the protection of copyright falls on all the works of ingenuity, in the literary or artistic field, whatever it isits gender, form of expression, merit or purpose "

On the other hand, these copyright require an administration together with their related rights. This is why the “collective management societies” appear that will be explained below.

Collective management societies

A document published by the Regional Center for the Promotion of Book in Latin America and the Caribbean, Cerlalc-Unesco mentions that: “The collective management of copyright has its origins in the middle of the 18th century, amid the legal battles given inFrance against the theaters who resisted recognizing and respecting the patrimonial and moral rights of the authors. These battles gave rise to the Foundation, in 1777, of the Bureau Législation Dramatique, later transformed into the Societé des Gens de Letters, SGLD, the first association that dealt with the collective administration of the rights of the authors ”(Ficsor,2002)

The aforementioned clearly shows us how from the origins of the idea of implementing and defending the rights of the authors, it was sought to resort to the association since it was impossible for each author to individually manage their rights.

Delia Lipszyc in his book "Copyright and Related Rights", defines collective management such as: "The author administration system and related rights by which their holders delegate to organizations created for this purpose the negotiation of the conditions in conditions inthat his works, his artistic presentations or their industrial contributions – according to the case – will be used by the diffusers and other primary users, the granting of the respective authorizations, the control of the uses, the collection of the accrued remuneration and their distribution or distribution or distributionAmong the beneficiaries.”(Lipszyc, 1993)

The OMPI (World Intellectual Property Organization) defines SGC as an option within the copyright system with which rights holders are required or allowed to administer their rights through a collective management agency. (OMPI, 2014)

In our legislation on intellectual property in its article 109, it defines as follows the collective management societies: “Collective management societies are the legal persons of nonprofit private law, whose corporate purpose is the collective management of patrimonial rights of patrimonial rights ofRelated author or rights, or both ”(Intellectual Property Law)

And thus starting from what has been stated above, it can be said that collective management societies are organizations that their primary function is to allow and authorize the use of the works of the affiliates, but always taking into account that there must be a remuneration of whymedium. It must be taken into account that these organizations are non -profit because what they seek is to precaution.

It is important to keep in mind that if an author gives his rights to be administered. In personal discretion we can define as collective management societies are entities in which they are veiled by copyright and in the same way their functions are put into force when the author’s will has been established through a contract to deliver his rights to deliver his rightsso that these are administered by society. It is important to keep in mind that affiliation must be totally voluntary.

In our country we have a well -known collective management society that is called “Sayce, and means society of authors of Ecuador this is a collective management entity, whose primary duty is to precautionary the patrimonial rights and administer the economic rights resulting from thepublic use of the musical works of national and foreign authors ”(Sayce, p. www.Sayce.com.EC)

The main approach of this Ecuadorian society is the protection of the economic rights to which the creations of the authors usually give rise, this protection occurs without distinction of a partner, notwithstanding that they are foreigners-

Rates

The rates that users have to pay for the use differ according to the type of user in question. For example: users fun and entertainment: an annual payment is established that users must pay for the use, so that the bars or discos pay $ 250.00, the rocks pay $ 100.00, the dances or clubs halls will pay $ 150,00. Radio and Television Users: For using the works entrusted to SAYCE, the different stations and television channels will contribute with “1% of the total annual gross value of marketing billing and subscriber installment income (Society of authors of Ecuador.Sayce.com.EC)

Related rights

These rights are those who seek the protection of those people, whether natural or legal that make possible the arrival of the works to the public, that is, of a kind of intermediaries. That is why here you have to keep in mind that the work is not protected in itself, but to the creativity that this so -called "intermediary" adds to said work so that it reaches the public.

To better understand, Ompi points out that: “The purpose then of related rights can be considered as the protection of both natural and legal persons that, being part of the work, contributed to the provision of the public of the work, orThat in turn your participation is influential in the work of training of the work together, deserving thus, the granting of a property right that is assimilated to the copyright.”(Ompi, 2016)

In other words, the purpose that these rights have isways makes it possible for the work to reach the public.

To clarify, while the rights covered by copyright refer to the authors, the "related rights" apply to other categories of rights holders, that is, to the "intermediaries for this work to arrive"

“Unlike copyright, related rights are granted to the holders that enter the category of intermediaries in the production, recording or dissemination of the works, that is, by related rights the rights granted to the artists are understoodInterpreters or performers ”(Lipszyc, 1993)

conclusion

Analyzing the issues of law from a investigative position and thus relating them leads us to the conclusion that it is important to be very clear about primary aspects in relation to intellectual property since the protection of these rights are no less important than others andAspects that are treated in the present work are extremely significant within this branch since it refers to the protection of copyright through collective management societies in relation to related rights.

Bibliography

1. Ficsor, m. (2002). Collective copyright management and related rights. Geneva: Ompi.
2. Intellectual Property Law. (s.F.).
3. Lipszyc, d. (1993). Author’s Law and Related Rights. Cerlalc.
4. WIPO. (2016). Basic Principles of Copyright and Related Rights. Legal publications, 1-40.
5. Ompi, or. M. ( 2014). WIPO. Obtained from Ompi Org: www.WIPO.com
6. Sayce. . Obtained from Ecuador’s Authors Society: www.Sayce.com.EC