Introduction to copyright on the Internet.

Internet is a complex intercom system computers and computer networks with global reach offering an undetermined amount of services provided by suppliers of connection. Among the services which will be discussed in the present study, we highlight the email or e-mail and World Wide Web (or Web) is the means to search for information in text mode, audio or video.

The Network of Networks is part of a real community, also called Cyberspace, made by people who can interact with each other at will, through computer and in real time regardless of physical distance that separates them. The Internet is truly open to anyone who wants to join regardless of origin, nationality, physical and geographical limitations.

But all is not rosy in the virtual world. Discounting the many benefits it provides immediate access to all information that circulates on the network, we can not deny that this global medium, decentralized and without borders inevitably causes a loss (at least for now) of control over the use of a large amount of immaterial creations protected by national and international legislation, such as are supervised by intellectual property rights.



CREATIONS protected and unprotected IN CYBERSPACE

A "web site" has several elements susceptible to be protected by copyright

Works protected by law 11,723 that are typically found on a website:

Literary: The content of most websites have labeled as literary contributions. The WIPO Glossary defines literary works as "a writing of great value from the perspective of the beauty and emotional effect," while from the point of view of copyright is understood as "literary work" to all forms of original writings, whether literary, scientific, technical or merely practical, regardless of their value and purpose (Glossary of copyright and related rights, voice, 146) As an example we can enumerate the classic literary works (books text, poems, essays, novels, etc.) and nonclassical (prescriptions, pharmaceutical brochures, calendars, etc).
In one place we can find multiple written information, specifications, models of writing, the index, comments, instructions for navigating the site, which represent, to the extent arising original contributions, literary works protected by copyright.
With respect to traditional literary works for a short time enabled Internet access via novels entire world renowned authors, either free or at a price to pay using a credit card. In the legal field there is increasing portals with a host of doctrinal contributions, comments to bugs, diverse collections of information (such as legal elsewhere) which are increasingly using the legal professions (eg. Www.justiniano.com , www.diariojudicial.com, www.derecho.org, etc)

Computer programs: Since the enactment of Law 25,036 was finally added to the list is not exhaustive of the art. 1 of Law 11,723 "... computer software source and object compilations of data or other materials ...",. Computer programs are the backbone of the Internet and using them is essential to reproduce, record a large number of other copyrighted works, such as videos, musical, multimedia, etc.. On the other hand, the net supply of "software" is huge, from antivirus programs and updates to operational programs.

Database: It is systematic compilations of any items, whether or not protected by copyright, where the originality lies in the method of selection. The terms "data banks" and "database" describes electronic repositories of data and information, a management system database, a control that allows users to access it according to their rights access, an administration or management of data, a database design and data structure, such as the selection and implementation of software to operate. To carry out this work requires special software that organizes and retrieves the stored data, which gives users access. Article 1, inc. "B" of Decree 165/94 defines the Executive Branch to the database works as "productions consisting of an organized set of interrelated data, compiled with a view to storage, processing and retrieval techniques and systems"

Audiovisual works: By one definition, audiovisual work any creation expressed by a series of associated images, with or without sound, which is intended essentially to be shown through projection apparatus or any other means of communication and image sound, regardless of the medium that contains material we include in this category to films (regulated in the arts. 1, 20, 21 and 22 of Law 11.723), advertising messages, "video clips", and all image movement.

Multimedia creations are defined as any medium on which they were stored in digital language and no fewer than two of different genres, text, sound, still and moving images, which may be the expression of literary, musical, "visual" (the visual arts and photography) and audiovisual pre-existing or created for exploitation from such supports, the structure and access are governed by a computer program that allows the interactivity of these elements This notion applies to video games, language learning methods, interactive encyclopedias, dictionaries, digital, and so on.

Photographs: Photographic works find their regulation from the perspective of the creation of static record of the elements that surround us (articles 1 and 34 Law 11.723) and from the image rights of the person depicted (articles 31, 33 and 35 of the Act). These assumptions range from individual to view photo image banks managed by companies that manages licenses for use.




Activities protected by copyright:

-The news of general interest: The news of general interest may be used, transmitted or retransmitted, but when published in its original version is necessary to express the source of them (art. 28 in fine law 11.723). Virtually all newspapers and television newscasts and radio which both copies are distributed in traditional paper-now have their version in the form of a portal network, both national (eg www.clarin.com.ar, www. nalacion.com.ar, www.pagina12.com.ar,) and international (eg, www.cnn.com, www.cnnenespanol.com) where you can access a wealth of journalistic information. It is good to clarify on this matter as the license granted by the law is applicable as long as an objective news account of an event happened in the past because if we make use of a news story prepared by one columnist, the news and transformed into literary work is necessary to use the right holder's authorization for publication.

The laws (laws themselves, orders, decrees, resolutions, court judgments etc). In comparative law has been deprived of authorial protection to virtually all standards. The basis for such limitation is the public who have official texts. The need to be known by all means that in principle the official texts lack the protection afforded by copyright. Put another way, if granted exclusive rights standards, it could not require its attention. However, this potentiality does not prevent granting protection to those who edit code, compile and systematize legal texts. On the Internet we can find many free sites (eg, www.justiniano.com, www.legislaw.com) or coded access (www.elderecho.com.ar, http.mandrake.saij.org.ar)



The legal situation in Argentina

In Argentina, Law 11,723 establishes the system of Intellectual Property, stating in its provisions, among other things, which is the subject matter (any scientific, literary, artistic or educational, whatever the method of reproduction-Art. 1 º in fine-), who are the subjects holders of copyright (the author of the work, his heirs or assigns, who with the permission of the author translated, recast, adapted, modified or transported over the new work resulting intellectual and individuals or legal entities whose dependents hired to develop a computer program had produced a computer program in performing your job duties, unless otherwise agreed-Art. 4 -) and which neighboring rights may exercise itself or third party holder of the work.

We note that the author of a work has various legal powers that make all their rights and should be distinguished from each other. On the one hand or inalienable personal rights, also known as moral rights, by which the author is (even still after the sale of the work) right to claim his work, the requirement to correctly indicate their names or pseudonyms in the same and to demand the loyalty of its text and title in the prints, copies or reproductions. Then there are the rights (or economic) that comprise the author of the book layout, release, performance, performance, exhibition, sale, translation, adaptation, translation and reproduction authorized in any way the same



CONCLUSION.

It is still unclear which is the real possibility of exercising control over the use of works protected by copyright on the Internet.

However, greatly facilitates the persecution of the crimes committed in the matter of the fact that a large number of countries, both generators and users of works belonging to the Berne Convention, last revised (Paris Act 1971) was recently ratified for our country by law 25 140 of September 24, 1999. The Convention provides for the application of the law of the State where protection is claimed to be foreign works and the application of minimum rights, which creates a framework that would be a mere Protectoria wishful thinking if it was within an international instrument with a wide geographical coverage.

In this vein, we can conclude the following:

1) The use of works protected by copyright does not have specific regulations when access to them is made in the Web environment

2) Access to the huge flow of information transmitted through the network and generates no other exceptions to the general principles of copyright whose owner is who has the exclusive exploitation of the work. The exceptions to this principle are territorial, so it must be established as limited to the national standard.

3) Who voluntarily enter an own Internet site provides implied consent to personal use, meaning the storage on the hard disk and print one copy for himself, without right to give a new use to it and to the extent such use does not prejudice the normal marketing of that creation. Indeed, consent is implied because the will undoubtedly infer an attitude and behavioral circumstances that reveal its existence, such as incorporating a work in cyberspace with no restrictions or passwords.

4) If in doubt about who ordered the placement of the work on the Net, the right to use is restricted to single reading without being able to hold any other use.

5) As long as there is a unified system of collective management of rights to works transmitted over the Internet, by the societies of authors and producers of phonograms, the only way to protect and ensure due respect for the use of musical creations, licenses must agree with all the information providers who have secondary uses including works which create new rights. In Argentina, the initiative developed by a major SADAIC leaves door open for global information network to provide an enabling environment for both the use and due recognition of the creative act.


Well, so here comes the post, I hope poderte have left a little more clear, internet copyright, and all that it cony.

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