Copyright and Third Parties’ Rights in Nicaragua
The copyright is the one hold by a person, from the moment that creates an original literary, artistic or scientific work. This right is acquired automatically, and it is made up of two kinds of rights: the moral and the exclusive ones.
Moral rights are indisputable and inalienable, intrinsic to the author, and confer him, among other things, the authorship of his work (Paternity Right); and the power to demand the integrity of the work, not letting others modify it (Right of Integrity). On the other hand, the exclusive rights have a patrimonial nature and can be transmitted to third parties, it is through these rights that the author authorizes the use of his work, for an economic compensation, usually. That authorization faculty could make the author think his right is absolute and that nothing prevails over him; however, there are specific actions delimited by the Law and even International Treaties that allow third parties to use a work without the consent of the author.
There are limits or exceptions to copyright, through them it can be achieved a balance between the rights of the author and third parties’ rights, letting the last ones to access education, culture, or information in general. In this regard, it is important to mention that the uses of works protected under limits or exceptions must not threaten the normal exploitation of the work, nor affect the economic interests of the author.
Lía Incer Flores
Senior Associate
García & Bodán
Nicaragua