The success of a business also depends on legal knowledge about what can and cannot be done. In this way, Copyright Law is crucial since this is the law that takes care of the protection and reproduction of literary creations and the like.
Copyright Law defends the rights related to the ownership and protection of human creations and inventions: whether these things are drawings, choreographies, paintings, books, films, or music, among many others.
In this sense, intellectual property is the area of responsible law, with Copyright Law as the basis for the protection of artistic works in terms of ownership and other rights of the creator.
WHAT IS COPYRIGHT LAW?
Copyright — or author’s right — is the set of rights of holders over their intellectual work to protect the content’s exploitation, improper dissemination, or plagiarism.
In addition, this branch of law is divided into two other strands: moral and patrimonial.
Moral rights: They are personal in nature and ensure the authorship and points of originality of the author’s creation. They are exclusive and cannot be waived. Within these rights are guaranteed; Indication of authorship: the author must be cited as the creator of a given production, even if using a pseudonym.
Modification of the work: the author has the right to change the work at any time or prevent others from changing it.
Circulation of the work: the author determines if it will be in circulation or not at the moment he wants.
Property rights: property rights, in turn, address the use of the work and economic exploitation. On the other hand, rights can be outsourced to companies and transferred after the author’s death.
THE EXERCISE OF COPYRIGHT LAW AND PROTECTED WORKS
The primary law that regulates copyright is Law nº 9.610/98. It addresses a list of protected works, with the author who created them and observations about their moral and patrimonial rights.
Among the types of works included in this protection are:
- Texts and leaflets
- Sermons, lectures, hearings, and other productions of a verbal nature
- Literary works, whether realistic or fictional in nature
- Dramatic and musical works, such as concerts and plays
- Photographs
- Audiovisual works, such as feature and short films
- Illustrations, geographic charts and more
- Choreographies
- Drawings, engravings, paintings, sculptures, among others
- Software
On the other hand, there are some others that are not protected by the Copyright Law:
- Ideas, methods, concepts, procedures, or other things of an abstract nature
- Rules, plans or negotiations without written part
- Quick search forms
- Laws, legal treaties, and official decrees
- Isolated titles of works never registered
- Personal names never registered
- Commercial or industrial uses
REGISTRATION OF WORKS
Being of any nature mentioned above, the registration of works is extremely important to ensure the protection of the productions of any author. With this record, proof of authorship is quick and without major bureaucracy.
Whether it is an intellectual work at the National Library or a registered trademark at the National Institute of Industrial Property (INPI), it is important to keep what is personal or business domain within a protective barrier to avoid possible misalignments.
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