El impacto de internet en las publicaciones fotográficas protegidas por derechos de autorvisión constitucional e internacional-privatista en la era del «boom digital»

Résumé

Copyright issues are present when you read a book, watch a movie, transfer music or take a picture. The owner of the copyright enjoys the economic, and even moral, right to authorize or prevent certain uses of said work or, in some cases, to receive remuneration for the use of the work, for example, through collective management. In most countries, and in accordance with the provisions of the Berne Convention, copyright protection is obtained automatically without the need for any registration. However, in most countries there is a system of registration and optional deposit of works; these methods facilitate, for example, clarifications of disputes related to ownership or creation, financial transactions, sales, assignments and transfers of rights. It is and has been a constant concern of the States to adopt procedural and judicial mechanisms that guarantee the intellectual property right and especially in the last "4.0 decade". It is therefore appropriate to carry out an introspection task in view of the high number of litigation in this area in order to examine the scope and limits faced by authors in the face of the proliferation of high negative externalities submerged in the Network of Networks. The recent pronouncement Renckhoff of August 7, 2018, has made us reflect on the assumption in which a photograph protected by copyright is used on a different webpage for which the author gave his consent to use, and therefore, available for a new audience very different from the one originally authorized by its author.