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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
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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. |
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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. |
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Article 272. |
[Civil
liability]
1.
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.
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Section
4.- Common regulations for the above mentioned sections
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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. |
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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.
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© 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.
For
further information, see Legal
Protection of the Hiperjuego and Shop2win loyalty programme.
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