Our Intellectual Property Law clearly states that, in a work protected by intellectual property rights, any transformation involving translation, adaptation or modification requires the permission of the author or owner of rights, if they had been transferred. The author is the only person authorized to approve these changes in their creation, with or without profit.
Violations of intellectual property rights can be pursued by holders of such rights or legally constituted management entities, and that persecution can be done through both criminal and civil. The first requires the concurrence of profit and the injury of others, but does not require civil proceedings to prove the causation of harm or profit to the offender, but only the existence of the infringement.
Therefore, even if the website that publishes the transformation of the work is without profit, and in the same category are the contributions of users, this activity has legal implications, and the offender may have to compensate holders of property rights intellectual work with a value equal to the profit that the owners would have earned absent the unlawful use, or payment corresponding to the authorization, if necessary, and this has occurred.
Apart from the liability they incur as the user LPI author of the file upload script subtitled or translated, in the light of Article 16 of the LSSI offender is considered (and holders of intellectual property rights have stock against him), the administrator of the web (such as "service provider hosting or data storage) it is proved that he was informed that uploaded to the website content was illegal or adversely affecting the rights of others, unless he proves that he had no actual knowledge that the activity or stored information that is unlawful or harms property or rights of any party liable for compensation, or who acted promptly to remove data or prevent access to them, ie prevent harm to copyright. Not for nothing stated in Article 1902 of Civil Code: "the act or omission that causes harm to another, intervening fault or negligence, is obliged to repair the damage caused." Under Article 16 of the LSSI means that the provider has actual knowledge "where a court has declared competent wrongfulness of the data, ordered their withdrawal, refused access to them, or had declared the existence of the injury, and the provider knew the appropriate resolution. "
Until there is a comfortable and convenient mechanism for authors to allow users to change such altruistic, non-profit, with an informative effect of his work and made available to the public, not only for private use Users who performs any transformation of this type require the approval of all holders of intellectual property rights of the work concerned. Maria Teresa Nevado
(Published by Aude Information Security, http://www.audea.com/ ).
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