P.R. Laws tit. 31, § 1401j

2019-02-20
§ 1401j. Definitions

(a) Author.— Natural person who generates a work.

(b) Moral rights.— The exclusive rights of an author over his work, which exist by virtue of the very personal relationship between an author and his work. They arise at the time the work is fixed by the author on a tangible medium of expression. It encompasses the following rights:

Attribution.— The right to be recognized as the author, whenever that is the case, as well as to prevent the attribution thereto of works that are not his. It includes the right to determine whether the work shall be published under his name, under a pseudonym or sign, or anonymously.

Withdrawal.— The right to waive authorship whenever the work no longer conforms to his intellectual or moral convictions.

To prevent the mutilation, deformation, or alteration of the work so that it undermines the legitimate interests or reputation of the author.

To prevent the public presentation or distribution of a mutilated, deformed, or altered work that can undermine the legitimate interests or reputation of the author; and,

To prevent the intentional or negligent destruction of the original or a sole copy of a work.

(4) Access.— The right to demand reasonable access to the original or sole copy of a work whenever it is in the hands of another, so as to be able to exercise copyright. This right does not entail the movement of a work and access thereto shall be in such a way that causes the least inconvenience to its owner, who shall be compensated in his case for any expenses caused by exercising this right.

(c) Electronic signature.— The total electronic data recorded in an electronic message, document, or transaction, or attached or logically associated to such electronic message, document, or transaction, which can be used to identify the signor and indicate that he approves the information gathered in the message, document, or transaction.

(d) Work.— Original literary, musical, visual (plastic or graphic), dramatic or performing, artistic, or any other type of creation produced through intelligence and creative in nature, expressed in a tangible medium that is currently known or which may be invented in the future.

(e) Joint work.— A work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.

(f) Works made for hire that include:

(1) A work prepared by an employee as part of his/her duties; or

(2) an especially commissioned or assigned work to be used as:

(A) A contribution to a collective work

(B) part of a motion picture or other audiovisual work

(C) a translation

(D) a supplementary work

(E) a compilation

(F) an educational text

(G) a test

(H) an answer sheet for a test

(I) an atlas

if the parties expressly agree in a written document signed by them that it shall be considered a work made for hire.

(g) Person.—Any natural person.

History

Mar. 9, 2012, No. 55,.