Copyrights

What are they?

Copyright arises from the creation of works, in the domain of literature, science and arts. This creation demands exteriorization by any means, so it can be materialized in reality. Therefore, the creations that are just ideas, processes, systems, operational methods, concepts, principles or discoveries, which by any way are not materialized, are excluded.

The Copyright and Related Rights Code catalogues some examples of what can be considered a work (article 2nd, n. 1):

  1. Books, brochures, magazines, newspapers and sermons;
  2. Conferences, lessons, speeches and homilies;
  3. Dramatic and dramatic-musical works and its staging;
  4. choreographic works and pantomimes, which expression is written or in any other form;
  5. Musical Compositions, with or without words;
  6. Televised, phonographic, videographic and radiophonic cinematographic works;
  7. Works of design, tapestry, painting, sculpture, ceramics, tiles, engravings, lithography and architecture;
  8. Photographic works, or works produced by similar processes;
  9. Applied works of art, designs or industrial models and design works which constitute an artistic creation, regardless of the protection related to intellectual property;
  10. Geographical illustrations and maps;
  11. Projects, sketches and plastic works related to architecture, urbanism, geography or other sciences;
  12. Motto or slogan, even if of publicity character, if they present originality;

Parodies and other literary compositions, or musicals, even if inspired by a theme or motive of another work.

Rights

The holder of copyrights over a protected work will be able to utilize its work as desired and prevent any third parties from utilizing it without its consent. This way, its rights over the utilization of the work are exclusive.

The copyright is divided in two: property rights and moral rights. The property right enables its holder to dispose of his work, benefiting and utilizing it or authorizing a third party to do it, in whole or in part.

In turn, the moral right is not transferable e will always remain in the realm of the original holder (author of the artistic creation), even if the property rights have already been alienated to a third party. This way, the intellectual work is considered a legal good and the copyright has the purpose of guaranteeing the exclusive exploration and utilization of the work to its holder.

Process

The required documentation for the protection of a work, as a Copyright, at the General Inspection for Cultural Activities (IGAC) is the following:

  • One copy of the respective ‘’work’’ in digital format, CD or paper;
  • Indication of the name/title of the ‘’work’’;
  • Brief summary (3/4 lines) of the ‘’work’’.

Upon formalization, IGAC will issue a dispatch of acceptance or refusal. In the case of acceptance the work will be protected, with the option of requiring a Certificate of Registration.

The protection of the WORK extends to the title, regardless of registry, provided that it is an original and can’t be confused with the title of any other work of the same kind of another author, previously published.

Consequently, copyright protection will cover all the content presented as well as the name by which it is designated and its specific characteristics.

Supplements can be added to the work, provided that they follow certain conditions.

Length

The length of the protection of these authors’ rights is 70 years, counting from the respective author’s death.