Todos los artistas deben tener siempre muy en cuenta los derechos de copyright a la hora de hacer sus obras para no caer en problemas legales que puedan derivar en multas o denuncias.
En el mundo del arte y la creación de contenido en general existe mucha controversia acerca de lo que se considera copia o plagio y lo que no. Un artista puede empezar a trabajar sobre una obra ya creada y al modificarla ya se considera una obra diferente. Esto funciona así y hay muchas maneras de pensar al respecto; Algunos lo consideran copia o apropiación del arte. Otros piensan que el arte no tiene dueño y que modificar una obra es totalmente lícito y legal, y la verdad es que no hay ninguna manera de determinar esto, no existe un método para medir cuándo se considera copia y cuando no.
Para este tipo de situaciones se recurre al copyright, una de las licencias más usadas tanto por empresas como por autores. El copyright es una manera que tienen los autores de proteger sus creaciones, obras o proyectos sea cual sea su naturaleza. De esta manera solamente el autor puede utilizar, modificar y distribuir su contenido. En el caso de que una tercera persona quiera hacer uso de la obra protegida debería pedir autorización para ese fin concreto y pagar por su uso.
Hay que saber diferenciar entre copyright, derechos de autor y propiedad intelectual, ya que son términos distintos relacionados con un mismo tema;
El copyright es sólo una parte del derecho de autor en la que se establecen las condiciones de uso y comercialización de una obra.
El derecho de autor es el derecho que tiene el autor de una obra artística, científica o literaria para decidir quién puede difundir, publicar o reproducir su creación a cambio de una compensación económica.
La propiedad intelectual abarca el derecho de autor, las patentes, diseños, marcas y otros derechos afines. Es mucho más amplio que los conceptos anteriores.
Ahora bien, sabiendo todo esto, ¿Cómo podemos usar obras o figuras con copyright sin caer en problemas legales? Hablemos del caso de las Fallas de Valencia, una festividad donde se elaboran figuras fabricadas de materiales combustibles, denominados ninots con el único fin de ser expuestas y luego quemadas. Muchas de esas figuras representan escenas actuales, personajes mediáticos que han protagonizado algún tipo de polémica o revuelo y que se representan mediante la sátira y la comedia en alguna situación embarazosa o denigrante. Algunos de esas escenas llevan elementos sujetos a derechos de imagen y, como no todo el mundo tiene el mismo sentido del humor ni encaja las bromas igual, pueden reclamar esos derechos y generar a los autores problemas de copyright.
Para evitar esto, los autores utilizan recursos para enmascarar algunas facciones de las figuras o modificar sutilmente las marcas que puedan aparecer en ellas. También se suelen caricaturizar mucho a los famosos de tal forma que se reconozcan perfectamente sin usar su imagen tal cual.
Si por algún casual eres un autor y te has visto involucrado en algún problema con derechos de autor o copyright debido a alguna de tus obras, te recomendamos que no trates de librar esa batalla solo ya que es muy probable que no acabe bien. Conviene buscar un buen bufete de abogados para que estudien y defiendan nuestro caso. Los casos por copyright o derechos de imagen son muy corrientes y hay bufetes que se especializan en ellos teniendo un alto porcentaje de casos ganados, así que no lo dudes, ponte en manos de profesionales que estudiarán tu caso, te asesorarán y siempre mirarán por tus intereses para tratar de solventar el problema de la mejor forma posible.
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