Authors: A.A.Fuente, Universidad de Oviedo, Spain; A.Texeira, L.Morgado, Universidade Aberta, Portugal.
The general goal of this training material is to help teachers create academic materials while complying with the Intellectual Property (IP) laws, with licenses as the main point of interest. The focus is on Creative Commons (CC) licenses, as this licenses are probably the licenses of choice in the academic field.
Unit 1 introduces the main concepts needed to understand IP, including licenses. In Unit 2 we will learn about CC licenses and how to use them.
Unit 3 introduces additional IP concepts, as differences between countries in IP laws reside in these areas and they must be taken into account by the author of academic materials. These regional particularities are treated in Unit 4.
Creators of materials can use resources from others. In Unit 5 we will learn about the different types of resources that can be used, and a specific process to assure compliance with IP law when using these resources by checking the licenses. Unit 6 shows how to search for these resources considering the resource license.
The last unit is devoted to registration, which is usually the last thing done regarding IP when developing academic materials
Unit 3. Additional Concepts
3.2. Author’s rights
By the sole act of creating a work, the author has a set of exclusive rights upon the creation, grouped into moral, patrimonial, and related rights.
3.2.1. Moral rights
The moral rights (in general) are unlimited and transferrable. These rights never expire and can not be transferred to others (so they are not subject to trade).
The primary moral right is the acknowledgment or authorship. The right of the author of a work to be credited as the author lasts for ever.
Other moral rights are the right to decide upon the disclosure of the work (when to show the work to others), and the right to control the integrity of the work (veto changes to the work from others, for example changes in an sculpture).
3.2.2. Patrimonial / Exploitation rights
The patrimonial rights are transferrable (can be traded for money, for example). These rights are patrimony, and have to do with the economical exploitation of the work.
Therefore, if an user wants to use a work with relation to these rights, the author must grant the use, probably in exchange for an exclusive compensation (one to one negotiation), or for a remunerative compensation (general fees).
There are also compensatory rights, in the sense that some uses may generate a compensation for the author, for example in the case of private copies of the work made for individuals for personal use, or public loans (as in libraries).
The most prominent patrimonial rights are:
- Reproduction. Fixing the work in some form.
- Distribution. The right to authorise or prohibit the distribution of the work to the public, such as the sale of copies.
- Communication to the public. The right to authorise or prohibit the communication of the work to the public, in which a group of people can access the work. For example staging a theatrical play. This right often includes the so-called “making available” right, which refers to the placing of works in the Internet that can be accessed by users.
3.2.3. Related (neighbouring) rights
Related (neighbouring) rights, are other rights connected to the work and its author, but covering the different roles played in the work by other persons. Examples of these related rights are the connected rights of the performers or producers of a work with relation to the author (composer vs. performer).
3.2.4. Exceptions / Limitations to author’s rights
An author has exclusive rights on the work (a monopoly), so a user must have the permission of the author in order to legally use the work. However, there are some specific uses where the author’s permission may not be needed.
Examples of this kind of exceptions or limitations to the author’s rights are:
- Photocopying. Photographic reproductions of the work.
- Private copies. Making copies of the work by an individual user for private purposes.
- Illustration (quoting). Using the work as illustration for teaching or scientific research (giving credit)
- Parody.