La originalidad en la música y la imagen: una aproximación y estudio de diversos supuestos en el Derecho Español

Abstract

[EN] The legislation applicable to the intellectual property in Spain constituted by the Legislative Royal Decree 1/1996, of April 12, by which there is approved the remolten text of the Law of Intellectual Property protects the author of an artistic work for only made of creating it. In the present paper we want to think it brings over of the originality in the music and the image, definitively, in the audio-visual work and to analyze, from the legislative and jurisprudential point of view, the different suppositions in which the above mentioned originality, good for plagiarism or fraud has taken place in the identity of the author.