INTELLECTUAL PROPERTY

4.-RIGHTS OF INTELLECTUAL PROPERTY

The following rights are considered as transferable rights :

Exploitation rights.- The author is the sole bearer of the rights of exploitation of his/her work in any way, and especially, the reproduction, distribution, public communication and transformation, which will not be able to be performed without his/her authorisation, except in those cases provided by the Law.

Reproduction rights.- It is understood by reproduction setting the work in a media which permits its communication and obtaining copies, either in part or fully.

Distribution rights.- It is understood by distribution making available to the public the original or copies of the work, by selling it, renting it, lending it or any other form.

Right of public communication.- It will be understood by public communication any act by which a number of people can access the work without a previous distribution of issues to each one of them. Communication will not be considered as public when it is held within a strictly domestic scope, not integrated or connected to a broadcast network of any kind.

Transformation rights.- The transformation of the work includes its translation, adaptation and any other modification of its shape, from which a different work is derived. The intellectual property rights of the work as a result of the transformation will belong to the author of the last one, without prejudice to the rights of the preexisting work.

Participation right.- The authors of plastic works will be entitled to perceive from the seller a share in the sale of any re-sale made in a public tender, in a business establishment or with the intervention of a businessman or an agent. Applied arts works are excluded from this disposition.

Right of remuneration for private copy.- Any reproduction performed exclusively for private use, by means of technical, non-tipographic devices or instruments, of works divulged as books or publishings which are duly assimilated with this aim, as well as phonograms, videograms or any sound, visual or audio-visual media, will imply an equitative and unique remuneration for each of the above mentioned types of reproduction, with the aim of compensating the intellectual property rights which are not preceived as a consequence of the above mentioned reproduction. This right cannot be waived by authors, artists, interpreters and performers.