::: Acevedo Ibañez International Business Consulting ::: Author Rights

It is the right that any author of an intellectual piece has upon his creacion. It is the legal protection to the scientific, literay and artistic property which gives the author the exclusive privilege for using it, including the not only the economical aspect (for other individuals to use the piece there must be an authorization from the part of the author) but also the moral aspect (it does not matter if the autor gives the permission to other for using it, he will always be its author).

The author’s patrimonial right lasts seventy years from the first month of the following year of his death, for his successors like children, parents, and husband or wife, and the other heirs for sixty years form date of the death of the author. If the author uses a pen name, his authorial right lasts 70 years and not all his life, while the author who is known before those 70 years, the rights will be valid after his death. The same thing happens with the patrimonial rights upon audiovisual and photografic pieces.

The autor does not have a life right, more than 70 years from the first day of the following month of the date of its publication.

Registrables Pieces With Authorial Rights:

-PoetryChildren’s magazines

-RomancesCinema/TV (scripts)

-Didactical/EducationalMystical/Esoteric

-Music (lyrics and score)Religious

-Drama (plays)Political/Philosofical

-Technical/ScientificalCartoons/Drawings

-Thesis/MonographsBiographies

-Stories/ChronicalPublicity

-Journals (newspapers/magazines)

Remember that an Authorial Right does not have any validity as a mark.

To guarantee the exclusiveness in the production, use y commercialization of a computing programme, the owner must prove that he is its autor, being as well, of a great importance, the registration in the NIIP.

The time period to make valid all the rights is of 50 years from the first month of the following year of the “Date of Creation” of the programme, so as to give absolute confidence of the parts of the programme brought for their registration in the NIIP.
The recognition of the registration is of an INTERNATIONAL level. In that way, the foreing programmes do not need to be registered in Brazil, -but for the guarantee of the parts involved in it, such cases like surrender of rights– and in the same way, the national ones do not need to be registered in other countries since there is a registration in the NIIP. (Treaty about Aspects of Rights of Intellectual Property Related to International Trade – TRIPS).

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