Intellectual Property
Image analysis and evidence documentation to investigate authorship and the use of graphic and audiovisual works.
Intellectual Property
We live in an increasingly connected world, where access to audiovisual content has greatly improved. Despite the major advantages this brings, information technologies have also introduced a range of disadvantages for content creators. The democratisation of editing technologies makes it increasingly easy to steal and use content unlawfully without the appropriate transfer of rights, while works altered without the author's permission are subject to continual violations of moral rights. As a result, authors of audiovisual works find themselves unable to prove their authorship or exercise their rights in the face of such abuses.
To help address these problems, AEICF offers the possibility of scientifically demonstrating conclusive evidence of the authorship of any graphic or audiovisual work, providing an expert report that clearly sets out its origin and authorship. This expert evidence can be highly valuable when negotiating with or bringing a claim against those who have unlawfully used a work.
Intellectual property is the set of rights held by authors of works and other rights holders, such as producers or organisations that manage these rights, in relation to works and other protected subject matter resulting from their creative activity.
On paper, everything is clear. But what about reality? Defending these rights (Royal Legislative Decree 1/1996, of 12 April, on Intellectual Property) is increasingly complex for authors in a fully digital age. As we are often asked, it is worth noting that any work is protected by this law from the moment of its creation. Rights holders receive full legal protection from that moment without having to meet any additional requirements. Yet the theft of images or designs is commonplace today, as easy as copying and pasting with a flick of the wrist.
We are protected by law, yes. But the offence still has to be proven. The speed at which these files are distributed calls for new methods of capturing the evidence that our experts will later use in their reports. It is of little use for the law (Law 3/2008, of 23 December) to recognise the right of artists, photographers and designers to receive remuneration if they cannot provide evidence of these offences. Today, the defence of authors' rights has improved considerably thanks to the Intellectual Property Commission of the Ministry of Education, Culture and Sport, but offences must still be demonstrated with tangible evidence.
Fortunately, Spanish law provides a range of mechanisms to protect intellectual property rights, including the possibility of initiating administrative, civil and/or criminal proceedings.
To begin, AEICF recommends identifying the type of intellectual property involved. With several different types of intellectual property, it is important to understand the differences between them. What has been stolen will determine your rights and how you need to approach the issue. The types of intellectual property our association works with are:
- Copyright-protected material: original material fixed in a tangible medium of expression qualifies for copyright protection. Easily recognizable examples include poems, photographs, paintings, software and music. Digital or analog? It makes no difference! At AEICF, we specialize in software, photographs, visual art and graphic design, whether analog (murals, printed materials, posters, books, etc.) or digital (digital files).
- Trademarks: a trademark is a word, symbol, phrase or design that identifies and distinguishes one source of products from another. A service mark is a trademark that identifies a source of services rather than products.
Now it is time to defend your copyright:
- Reproduce the copyrighted work.
- Publicly display the copyrighted work.
- Prepare “derivative works” based on the copyrighted work;
- Distribute copies of the copyrighted work to the public through sale or permission to display them.
Whether this is done digitally or in analog form makes no difference to the offense. Whether someone takes a sheet you have drawn on or an image from your website, they are stealing from you. Make no mistake about it.
In any case, rights infringements must always be documented. This brings us to the heart of the matter. In a digital environment, this can be quite complex if you do not know how to do it. Our qualified experts therefore capture screenshots and web pages, which are certified and encrypted in a PDF using AES and RSA digital signatures (asymmetric keys and encryption algorithms). These files include IP addresses, servers and any sensitive data that may be useful to the case. Such files are fully admissible in arbitration, court proceedings or even administrative proceedings. The chain of custody is strictly maintained. If you are currently in a dispute with the opposing party, we will show you how to send emails with digital acknowledgments of receipt that are admissible in court, as their content is certified using encryption and a digital signature.
Normally, reports for arbitration or mediation, or expert reports for court proceedings, are signed by two experts: a computer engineer and a graphic arts technician, designer or photographer with a university degree in the field. This addresses any procedural defects the opposing party might allege. In many cases, the damages and losses our client has suffered as a result of the theft must be assessed, and this estimate will be included in the report.
Do not wait any longer to defend your rights. These are not complex proceedings, and a large proportion of cases that go to court ultimately succeed. We are the main obstacle to exercising our own rights when, through lack of knowledge or inaction, we ignore these offenses, remain personally upset and take no further action.