Works and authors' rights

Alguns exemples de creacions originals per a saber quines obres són objecte o no de Propietat intel·lectual.


What is a work and which ones are subject to intellectual property?

Article 10 of the Intellectual Property Act establishes that all original literary, artistic or scientific creations expressed by any medium or support, tangible or intangible, currently known or that may be invented in the future, are intellectual property.

The precept lists by way of example, but is not limited to, the following works:

a) Written works: books, written texts or any other works of the same nature

b) Musical works: musical compositions, with or without lyrics

c) Dramatic works

d) Cinematographic works

i) Sculptures and works of painting, drawing and comics, inter alia

f) Architectural and engineering works

g) Graphics, maps and designs relating, in general, to science

h) Photographic works

i) Computer programs

When it is original, the title will also be protected as a part of the work.

Authors' rights do not protect either ideas or simple facts: what these rights protect is the way in which these ideas are expressed, what it is that makes the work original.

An idea may be expressed in many different ways, which is why authors' rights protect the expression of the idea, not the idea itself.

What works are not subject to intellectual property?

The following are not subject to intellectual property (Article 13 of the Intellectual Property Act):

  • rulings of jurisdictional bodies,

  • records, decisions, deliberations and findings of public agencies,

  • legal or statutory provisions and their corresponding draft bills,

  • the official translations of the above texts.

In other words, any of these documents may be reproduced, distributed, publicly communicated or freely amended without any prior authorization by the rights holder.

As stated in the previous section, neither are ideas subject to intellectual property.