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¿Es posible el embargo de los derechos de autor?

Author

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  • Rosa María de Couto

    (Universidad Pontificia Comillas de Madrid)

Abstract

In this study the author reflects on the scope of the possible embargo of copyrights, starting, in the first place, from the embargo only of those rights of exploitation with a patrimonial content, without affecting moral rights. On this basis, the legislator distinguishes between the rights of the author and those that correspond to owners who are not authors. In case of the authors, their rights can not be embargoed, while it is certainly possible, without restrictions, to embargo the rights of exploitation that can correspond to people who are not authors. There are various problems that can arise, on a legal situation that has only slightly been studied by doctrine, even though it is a frequent and complex reality, with considerable practical consequences. A clear example of their efficiency and real existence is in the fact that management entities receive judicial orders for the embargo (caused by authors'''''''' debts) on the yields that are generated in the exercise of these copyrights, which such entities collect.

Suggested Citation

  • Rosa María de Couto, 2002. "¿Es posible el embargo de los derechos de autor?," EKONOMIAZ. Revista vasca de Economía, Gobierno Vasco / Eusko Jaurlaritza / Basque Government, vol. 51(03), pages 64-73.
  • Handle: RePEc:ekz:ekonoz:2002303
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    More about this item

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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