Copyright

Copyright is the recognition made by the State in favor of creators about their literary or artistic works (in all their manifestations), in order to grant them protection and allow exclusive prerogatives and privileges of personal (moral right) and patrimonial (patrimonial right) character. The Federal Copyright Law protects the original works that are likely to be disclosed or reproduced in any form or through any means.

 

Although a work is protected since it is created, it is advisable to request a registration before the National Institute of Copyright in order to enable the author to be benefited of a presumption of authorship that the law recognizes in his favor.

 

 

Moral rights

Consist in the author’s paternity recognition related to the work created and respect of its integrity. These rights emerge from the moment the work is created and they are personal and inalienable, which is why they cannot be transferred. The duration of moral rights is unlimited.

 

 

Patrimonial rights

They consist in the temporary faculty of taking economic advantage and exploit a work or to authorize others to exploit it within the limits established by the Federal Law of Copyrights and without prejudice to the ownership of moral rights.

 

An author may partially or totally transfer part or all of his patrimonial rights in exchange of a compensation by means of a contract.  For a transfer of rights contract to take effect against third parties, it must be registered in the Public Registry of Copyright.