What is copyright?

Copyright is a set of exclusive rights that protect literary, artistic, scientific and other original works of human creativity. These rights are granted to authors or rights holders to protect their investment and creative effort, allowing them to control the use and exploitation of their works, and to derive economic benefits from them.

Copyright originates from the Berne Convention for the Protection of Literary and Artistic Works, signed in 1886, which sets the basic international standards for copyright protection. Today, most countries have national laws establishing copyright and regulating its application. If you would like to be advised by a specialist lawyer from our law firm we can help you.

The duration of copyright varies according to the law of each country, but generally it is for the life of the author plus a certain period after his or her death. In most countries, the duration of copyright is at least 50 years after the author's death.

Copyright protects a wide variety of creative works, including literary, artistic and musical works, films, television programmes, photographs, software, graphic designs, among others. Works that are considered eligible for copyright protection must be original and must be expressed in some tangible form, such as a book, painting, sound recording or film.

The copyright owner has the exclusive right to do and authorise certain acts in relation to his or her work, such as reproduction, distribution, public display and public performance. He also has the exclusive right to create derivative works based on his original work.

Copyright protection allows authors and right holders to control how their work is used and exploited, and enables them to derive economic benefits from it. Authors can license others to use their work, either free of charge or in exchange for financial compensation. The sale or assignment of copyright to another person is also possible, which may allow authors to obtain a one-off payment or an ongoing income in the form of royalties.

Copyright also protects authors against unauthorised copying or commercial exploitation of their works without their permission. Piracy, illegal copying, unauthorised distribution or public display of copyrighted works are legal infringements that can lead to legal action and financial compensation for rights holders.

The fair use or permitted use exception in copyright law allows users to use copyrighted works in certain circumstances without obtaining permission from the copyright holder. These uses include educational purposes, research, criticism and commentary. However, fair use varies according to the laws of each country and there may be different limits and exceptions in different jurisdictions.

How is copyright generated?

Copyright is automatically generated the moment an original work is created and expressed in some tangible form, for example in the writing of a book, the composition of a song, the creation of a painting, the production of a film, among others. It is not necessary to register the work or to carry out any legal process for copyright to be granted.

Copyright arises as a recognition of the investment and creative effort made by authors in creating original works. Copyright allows authors to control how their work is used and exploited, as well as to obtain economic benefits from it.

It is important to note that copyright does not protect ideas, but only the original expression of those ideas. For example, an idea for a story is not protected by copyright, but if that idea is turned into an original work expressed in some tangible form, such as a book, that work would be protected by copyright.

In some countries, such as the United States, it is possible to register the copyright of a work to obtain additional protection and facilitate enforcement of rights. Copyright registration usually involves filling out a form and paying a fee. However, registration is not necessary for copyright to be automatically generated and granted.

Types of copyright

There are several types of copyright, including:

1. Moral rights: these are inalienable and non-transferable rights that protect the authorship, integrity and disclosure of a work. These rights are owned by the creator and cannot be sold or assigned.
2. Economic rights: these are transferable rights and can be sold or assigned to third parties. These rights include the right of reproduction, distribution, exhibition and public communication of the work, as well as the right to make derivative works.
3. Neighbouring rights: these are rights that protect the performance, execution and recording of artistic works. These rights are owned by the artists, performers or producers and allow them to control the commercial exploitation of their work.
4. Public domain: these are works that have expired out of copyright, have been voluntarily released from copyright protection or have never been subject to copyright. These works can be used freely without permission from the original author.