Authors’ Rights and Copyright

In an environment where content is copied, remixed, and distributed in seconds, protecting your work is not just a “formality”: it is about control, legal certainty, and the actual capacity to monetize your creativity.

At PADIMA, we help you protect and exploit your creations: texts, software, music, photography, video, design, digital content, and more.

What is copyright and what does it protect?

Copyright (also referred to as authors’ rights) is the set of rights granted to a creator over their work by the mere fact of its creation, without the need for prior registration.

From the moment you write an article, develop source code, compose a song, or take a photograph, your copyright is already in effect. This means you have the exclusive right to reproduce, transform, distribute, and publicly communicate your work.

What works are protected by the Intellectual Property Law?

IP Law protects original literary, artistic, or scientific creations expressed in any medium or format (tangible or intangible):

• Texts: articles, web content, manuals, reports, training materials, presentations.
• Music: compositions with or without lyrics.
• Audiovisual works: corporate videos, commercials, social media pieces.
• Photography and imagery: product sessions, campaigns, catalogs.
• Software: computer programs, applications, source code.
• Illustration and graphic works: designs, creative assets, advertising material.
• Derivative works: (adaptations, translations, etc.) when they provide originality.
• Dance: choreographed performances, dance pieces…

Why register your works?

Registering your works with IP offices offers significant advantages:

• Proof of Autorship and creation: Facilitates the demonstration and presumption of authorship and the date of creation, crucial in legal disputes.
• Management & Exploitation: Simplifies the management of licenses, assignments, and commercial agreements with an official title.
• Deterrence of infringement: Acts as a deterrent against potential infringers by signaling the work is protected and defended.
• Effective claims: in the event of infringement, registration facilitates the commencement of legal actions and the recovery of damages.

How does current legislation protect the author?

Moral Rights (Authorship and Control)

These are non-waivable and unalienable rights (e.g., deciding on disclosure, demanding recognition of authorship). Even if you assign or license the use, these aspects remain legally significant.

Economic Rights (Exploitation)

The author has the exclusive right to authorize or prohibit:

• Reproduction
• Distribution
• Public Communication
• Transformation

These rights turn a work into a commercial asset through licenses, assignments, and third-party exploitation agreements.

Specialized Advisory in Rights Protection

At PADIMA, we provide a business-focused approach to IP protection:

• Protection Strategy: What to register, how to evidence ownership, and how to minimize risks.
• Contracts and Exploitation: Licensing, assignment of rights, freelancer commissions, co-authorship agreements, and campaign naming/content.
• Software & Digital Environments: Proper contractual structures (bespoke development, repositories, deliverables).
• Online Monitoring & Defense: Detecting unauthorized use and preparing cease and desist letters.