Category: 5.- Legal

Legal articles

WIPO

Industrial Design and Copyright, according to WIPO

Can fashion designs, works of artistic craftsmanship or industrial designs, in general, receive copyright protection? We are frequently asked about these types of works, which stand on the verge of what is considered intellectual and industrial property. This is a subject of debate even among experts since there are several points of view and all of them can be argued in… Read more →




Legality and national and international legal effectiveness of Safe Creative’s Copyright Registration Service

There is little doubt about the legality and legal effectiveness of Safe Creative´s private copyright registration. When dealing with copyright, any evidence, public or private, is admissible; being the one provided by Safe Creative very robust (it uses triple fingerprinting “hash” and double timestamp)… Most registries, including those offered by the states, have the basic value of a presumption and… Read more →




WIPO and Private Copyright Registrations

The World Intellectual Property Organization says in its official web about the “Copyright Registration and Documentation” (1): Principle of Protection without Formalities The prohibition of formalities for copyright protection is the result of a historical process. Before the 1886 Berne Convention, each country had its own rules for recognition of copyright in a work. Consequently, authors had to comply with… Read more →




Evidence of Copyright Protection under International Copyright Treaties

Copyright law is a set of rights belonging to authors and other rights owners (performers, producers, broadcasters …). Copyright laws provide procedures in cases of infringement of exclusive rights, protection of rights of remuneration, and, in some jurisdictions, provide moral rights. These laws offer protection to the holder of the copyright, whether the rights belong to the author, a third… Read more →




Legal and evidential effectiveness of inscriptions in Safe Creative’s register

Since it has become clear that copyrights on original and creative Works exist from the moment of their creation, as settled by the Berne Convention (article 5), Registers’ useness has been focused on a mere inscription where authors and rightholders declare their Rights. The goal is, therefore, to make a written record of a declaration of Rights before third parties,… Read more →




Copyright scope: moral and economic rights

Copyright protects original and creative works of art, and other kind of contents that surround creation, like phonograms, audiovisual recordings, performances, etc. The legal protection for this protection differ worldwide; however, we are able to categorize it in two basic rights: exploitation rights and moral rights. Exploitation rights are those that provide incomes to an author by granting her the… Read more →