Copyright in the digital age
From plagiarism to content creation, technology challenges copyright protection in an increasingly digital world
by mercedes galán
Experts: Elena Ordúñez, intellectual property partner at ECIJA; Violeta Arnaiz, director of intellectual and technological property at PONS IP; Alba María López, an associate partner at Elzaburu
Copyright automatically protects the original content on blogs and websites. As Violeta Arnaiz, director of intellectual and technological property at PONS IP, points out, “the protection provided by intellectual property to artistic, literary, or scientific works is automatic, meaning it doesn’t require prior registration. Simply creating a text, image, or post is enough for it to be protected, allowing the author to prevent its unauthorized use by others.” Arnaiz also highlights, “the fact that content is accessible on the internet doesn’t mean it’s copyright-free or that it can be used without permission.”
Copyright protection applies equally to blogs and commercial websites, provided the content is original and eligible for such protection. However, as Elena Ordúñez, an intellectual property partner at ECIJA, states, “the commercial purpose of websites, as opposed to the more personal nature of blogs, means that website content can be more varied, including not only text and images but also data on products and services.” This means that, in addition to copyright, industrial property protection may apply, particularly in relation to trademark law, she explains.
THE IMPORTANCE OF PROTECTION
Including copyright notices or legal disclaimers about the authorship of the content used, as well as setting clear terms and conditions regarding permitted and prohibited uses of the content on a blog or website, are important mechanisms for authors and owners to secure proper protection, Ordúñez explains. To further protect content, technical measures are also recommended, such as watermarking images or blocking text copying. As Ordúñez emphasizes, “these are key mechanisms for securing authors’ and owners’ rights.”
