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1.
What is the relevant legislation?
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2.
Who enforces it?
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3.
Are there any specific provisions of your copyright laws that address the digital exploitation of works? Are there separate statutory provisions that do so?
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4.
Do your copyright laws have extraterritorial application to deal with foreign-owned or foreign-operated websites that infringe copyright?
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5.
Is there a centralised copyright agency? What does this agency do?
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6.
What types of works are copyrightable?
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7.
What types of rights are covered by copyright?
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8.
What may not be protected by copyright?
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9.
Do the doctrines of ‘fair use’ or ‘fair dealing’ exist?
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10.
What are the standards used in determining whether a particular use is fair?
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11.
Are architectural works protected by copyright? How?
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12.
Are performance rights covered by copyright? How?
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13.
Are other ‘neighbouring rights’ recognised? How?
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14.
Are moral rights recognised?
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15.
Is there a requirement of copyright notice?
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16.
What are the consequences for failure to display a copyright notice?
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17.
Is there a requirement of copyright deposit?
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18.
What are the consequences for failure to make a copyright deposit?
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19.
Is there a system for copyright registration?
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20.
Is copyright registration mandatory?
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21.
How do you apply for a copyright registration?
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22.
What are the fees to apply for a copyright registration?
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23.
What are the consequences for failure to register a copyrighted work?
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24.
Who is the owner of a copyrighted work?
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25.
May an employer own a copyrighted work made by an employee?
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26.
May a hiring party own a copyrighted work made by an independent contractor?
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27.
May a copyrighted work be co-owned?
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28.
May rights be transferred?
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29.
May rights be licensed?
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30.
Are there compulsory licences? What are they?
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31.
Are licences administered by performing rights societies? How?
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32.
Is there any provision for the termination of transfers of rights?
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33.
Can documents evidencing transfers and other transactions be recorded with a government agency?
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34.
When does copyright protection begin?
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35.
How long does copyright protection last?
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36.
Does copyright duration depend on when a particular work was created or published?
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37.
Do terms of copyright have to be renewed? How?
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38.
Has your jurisdiction extended the term of copyright protection?
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39.
What constitutes copyright infringement?
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40.
Does secondary liability exist for indirect copyright infringement? What actions incur such liability?
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41.
What remedies are available against a copyright infringer?
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42.
Is there a time limit for seeking remedies?
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43.
Are monetary damages available for copyright infringement?
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44.
Can attorneys’ fees and costs be claimed in an action for copyright infringement?
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45.
Are there criminal copyright provisions? What are they?
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46.
Are there any specific liabilities, remedies or defences for online copyright infringement?
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47.
How may copyright infringement be prevented?
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48.
Which international copyright conventions does your country belong to?
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49.
What obligations are imposed by your country’s membership of international copyright conventions?
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Updates and trends
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Grau & Angulo is an Intellectual Property Boutique firm founded in 2003 when leading experts combined their expertise to create a niche firm specialising exclusively in IP litigation. It has a total of 3 offices, in Barcelona, Madrid and Las Palmas.
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