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Legal protection © Global Copyright

The criminal matter related to the improper use of the author´s rights and copyright is regulated on Section 1 ("Crimes against copyright"; articles 270 to 272) and Section 4 ("Common legal regulations …") on Chapter XI ("Crimes against Copyright and Patent Rights, the market and the consumers") from the  Title XIII ("Crimes against corporate assets and the socioeconomical balance” from Book II ("Crimes and sentences") from Penal Code (L.O. 10/1995, 23rd of November) as follows:

CHAPTER XI.- " Crimes against Copyright and Patent Rights, the market and the consumers "

Section 1.- Crimes agains Copyright

Article 270.

[Supposition] Those, with profit motive in mind and to the detriment of a third party, reproducing, plagiarising, distributing or making public announcement either partially or entirely of any literary, art or scientific work is subject to be punished with imprisonment from 6 months to 2 years or be fined in the same period of time. This also applies to any transformation, interpretation or artistic execution through any means or mediums without the authorisation of the rightful owners of the copyright and his or her assignees.
The same sentence will be given to those who deliberately import, export or store copies of the above mentioned works without the authorisation of the owner of the copyright.
The making, distribution or possession of any medium specifically designed to facilitate the restricted suppression of any technical device used for the protection of computer programmes will also be prosecuted.

Article 271.

[Qualified suppositions] The penalty of imprisonment from 1 to 4 years, a fine of 8 to 24 months, and the disqualification for any professional activity related to the crime committed for a period of 2 to 5 years will be given under these circumstances:
a) When obtaining great profits from the crime.
b) When it causes serious damage.
Under those circumstances, the judge or court may decree the temporary or definite closure of the company or condemned establishment. The temporary closure will not last for more than 5 years.

Article 272.

[Civil liability]
The extension of the civil liability deriving from the crimes which have been presented in the previous two articles will be governed by the copyright laws relating to the cessation of the illegal activity and to the compensation for damages.
2. In the case of a conviction, the judge or court may decree the publishing of this, at the offender´s expense, in an official publication.

Section 4.- Common regulations for the above mentioned sections

Article 287.

[Claimant´s report of events]
1. In order to proceed against the previous sections’ envisaged crimes in the present chapter, the grievant´s report or his/her legal representative´s one is needed. When it is a disabled person, a minor or a destitute person, the Attorney General´s office may proceed as well.
2. The above mentioned report will not be needed when the crime commission is affecting the public interest or also people´s plurality.

Article 288.

[Publication of the Conviction] In the previously mentioned events on the previous articles, the publication of the conviction will be divulged in an official publication, and if requested by the Grievant, the Judge or the Court this may also be done, either partially or entirely, through any other mass media, at the offender´s expense. Besides, the Judge or the Court, in view of the circumstances of the affair, may resolve the measures detailed in article 129 of the present Civil Code.

© The present work cannot be reproduced either entirely or partially. Neither can it be transmitted through electronic, mechanical or magnetic procedures nor through  storage and restoration computer systems or any other means. Its letting, renting  or any other types of prohibited use of the system (the running of the system, its contents, a copy, etc) are also prohibited without the previous and written consent from the owner of the copyright, or his/her assignees with a relevant authorisation. These conducts will be prosecuted as stated in the penalty code with up to 4 years of imprisonment. 

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