The right of adaptation. Limits and derivate works

Abstract

Throughout this work, it proceeded to study of one of the exclusive patrimonial rights of authorship that our Revised Text of the Intellectual Property Law regulates, the right of adaptation. This right is subjected to the limit of parody, a limit which, being regulated by European legislation, has been delimited by the Court of Justice of the European Union. Despite its relevance in practice, the connection between the right of adaptation and the author’s moral rights has meant that, following the same fate of the latter, it has not been harmonized by the European legislator. After analyzing the connection between moral rights and the right of adaptation, it is analyzed the result of the exercise of the latter on pre-existing works, the derivative works, a typology of works whose exploitation, increasingly over time, has been acquiring much prominence in today’s society.