El Gremio de artistas falleros pretende cobrar por la reproducción y»explotación de los bocetos, maquetas, e imágenes de las fallas» tras la firma con la empresa Whose .
Por ello este año de llevarse a término dejaremos de publicar bocetos y fotos de fallas de artistas pertenecientes al Gremio de Artistas Falleros de Valencia, pero no de otros Gremios o de aquellas comisiones que tengan los derechos del monumento concedido, para lo que pediríamos nos avisaran.
No sabemos hasta qué punto el realizar una fotografía en un espacio público es algo prohibido, ya que es donde se plantan, en calles y aceras públicas, en sitios privados o interiores lo tenemos claro pero en ¿Vía pública? pero trataremos de averiguarlo. Y ¿Van a luchar contra todas las Web extranjeras que publican o solo las valencianas?
Por que nuestra ley permite la reproducción de las obras situadas permanentemente en parques, calles, plazas u otras vías públicas. (art. 35 LPI). Como es de suponer, no realiza mención al «arte efímero» que mientras no es quemado, sí se puede considerar «una obra permanente el vía pública» y por vía pública, entendemos el sistema integrado por carreteras, caminos, calles, sendas, plazas, parques, etc., de dominio común y público, necesario para la circulación de peatones, conductores y vehículos.
Artículo 35 Utilización de las obras con ocasión de informaciones de actualidad y de las situadas en vías públicas
1. Cualquier obra susceptible de ser vista u oída con ocasión de informaciones sobre acontecimientos de la actualidad puede ser reproducida, distribuida y comunicada públicamente, si bien sólo en la medida que lo justifique dicha finalidad informativa.
2. Las obras situadas permanentemente en parques, calles, plazas u otras vías públicas pueden ser reproducidas, distribuidas y comunicadas libremente por medio de pinturas, dibujos, fotografías y procedimientos audiovisuales.
Artículo 35 redactado por el artículo 4 de la Ley 5/1998, 6 marzo, de incorporación al Derecho español de la Directiva 96/9/CE, del Parlamento Europeo y del Consejo, de 11 de marzo de 1996, sobre la protección jurídica de las bases de datos («B.O.E.» 7 marzo).
Además los medios que se puedan suscribir a la medida ¿Pagarán todos por igual? ¿Realmente beneficia al artista esta medida?¿Le llegará algo? En el contrato con la comisión ¿A quien pertenece el monumento plantado y pagado?
(No reproducimos la foto de la firma por si ya tiene derechos de autor )
Reproducimos la nota de prensa editada por el Gremio de artistas falleros
Los artistas falleros son los autores genuinos de bocetos, maquetas y fallas por lo que de manera automática tienen la legítima titularidad de los derechos de explotación reconocidos por la Ley de Propiedad Intelectual, derivados de su creación.
El Gremio Artesano de Artistas Falleros de Valencia, consciente de esta realidad, entiende necesario que parte de los recursos generados por la explotación de los bocetos, maquetas, e imágenes de las fallas han de revertir en sus autores, legítimos titulares de los derechos de propiedad intelectual, con el fin de potenciar y asegurar la pervivencia de este fenómeno cultural que nos representa, así como el futuro de los talleres falleros.
La actividad de los artistas falleros, impregnada de una creatividad fuera de toda duda, aporta a nuestras fiestas el elemento fundamental sobre el que se asienta la efeméride por excelencia de los valencianos: la falla.
Nuestra fiesta, reconocida internacionalmente, pendiente no obstante de la consideración como Patrimonio Cultural Inmaterial de la Humanidad por parte de la UNESCO, aporta multitud de recursos a nuestra geografía, coadyuvando a potenciar el turismo y por ende nuestra economía, incrementando cada año de forma sustancial el acerbo cultural de los valencianos.
La unicidad entre la obra de arte y el objeto o soporte al que se incorpora le confiere a ésta una especial característica en relación con otras obras de creación intelectual. Sin embargo ello no impide la adecuada gestión de los derechos económicos que la Ley reconoce a los creadores, tanto los derechos exclusivos (de reproducción, de distribución, de comunicación pública y de transformación) que confieren en exclusiva a los autores la capacidad de autorizar, o no, la reproducción de sus obras, su distribución o la comunicación al público de estas reproducciones, como los derechos de simple remuneración.
Por todo lo hasta aquí expuesto, el Gremio Artesano de Artistas Falleros de Valencia pretende así, percibir todos aquellos derechos derivados de la propiedad intelectual de las obras de sus asociados, utilizando para ello la vía del diálogo, el consenso y la concienciación social del necesario respeto hacia las obras de creación de cualquier tipología.
La empresa WHOSE IP AGENCY, Agencia de Propiedad Intelectual, especialista en Derecho de Propiedad Intelectual, va a representar al Gremio y sus asociados en esta necesaria y justa iniciativa.
Whose, con amplia experiencia en la representación, gestión y defensa de titulares de Derechos de Propiedad Intelectual de todas las tipologías, pone a disposición de todos los agremiados los servicios de asesoramiento, gestión y formación a autores, artistas y productores, constituyendo su principal área de actividad la administración y protección del patrimonio creativo.
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