These rights are divided (in Spain and unlike the Anglo-Saxon countries) into copyright, which are the moral rights, by which authorship and paternity are recognized. They are inalienable and unwaiverable and cannot be transmitted. The creator of a work will always be the creator of the work and this must be stated in any disclosure of the work. The author may demand respect for the entirety of the work or performance and the non-altering of it.
The other rights are of a patrimonial nature and are those related to the exploitation of the work, that is, how it is disseminated and distributed. In this case, no one may do so without the permission of the author or – in the event that the author himself has renounced these rights or has died – the copyright holder. The author has the right to demand remuneration in return for the authorization granted to the person wishing to exploit the work commercially.
To give you an example, it means that if you have created a design, no one can use that design without asking permission and you can demand (if you want) a fee to use it. And the other way around. If you want to publish a photograph of another person, you will have to ask permission to do so and pay a fee if the author or his heirs so wish.
In most European countries and in the United States, exploitation rights last for the life of the author plus seventy years from the date of his death. After this time, the work is considered to be in the public domain. If a work is in the public domain, it can be used, disseminated and even modified freely.
In the next posts, we will see some specific cases related to intellectual property so that you can apply them in your professional environment.