Sobre la titularidad del derecho de autor de la obra creada en cumplimiento de funciones laborales y la validez, límites y alcances de la cesión anticipada
This article deals with the ownership of the copyright of the work created in full filment of labor functions, and the validity, limits and scope of the anticipated cession of rights in favor of the employer. The analysis is developed from the previous verification of the conception of copyright tha...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6577828 |
| Source: | Ars Boni et Aequi, ISSN 0719-2568, Vol. 14, Nº. 1, 2018, pags. 181-226 |
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| Summary: |
This article deals with the ownership of the copyright of the
work created in full filment of labor functions, and the validity, limits
and scope of the anticipated cession of rights in favor of the employer.
The analysis is developed from the previous verification of the conception
of copyright that seems to gather our legal system. Ownership is
presented as a problem of collision of principles, with different solutions
in comparative law, and resolved in our legal system by articles 7 of the
Intellectual Property Law and 19 No. 25 of the Constitution, which specify
the general rule. At the same time, the validity, limits and scope of the
cession are examined on the basis of the free transfer of the patrimonial
prerogatives that integrate the copyright, reviewing the requirements,
formalities and limitations that can be understood of the Labor Code
and the Intellectual Property Law itself |
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