Copyright: Intellectual Property Protection
Introduction.
The idea is mental representation, that obtained in the act of understanding and understanding instantly originates, not reasonable or through the contemplation of a body image or incorporation. This mental operation is a product of the perception that refers to the fact of having an idea from an external object.
Developing.
Any invention, book, sculpture, painting, musical piece is born with an idea that subsequently allows such invention to take body. The idea is the product of human intellect, therefore, it is unique and irreplaceable, it is part of the person’s being and from a philosophical perspective it is a direct consideration of the soul. For gomila, ideas are mental events, intellect forms, while images are brain events, corresponds to imagination or fantasy, however, since the idea is an intangible reality, one cannot speak of a real fact as long as it is not embodiedIn a tangible object.
The objective of intellectual property rights will beThe idea for a work of art that will be painted, despite this, it is considered that intellectual property deals with abstract objects, but it is pertinent to ask the question of to what extent a free idea can be recorded as the property of its author.
Forns, affirms that creations are "the result of a prior ideological pregnancy, which, arriving at a certain limit of what we could call fermentation, transcends sensitivity" (P. 986), this involves some kind of mental work carried out by the author prior to obtaining the final product that would be its materialized invention. It would then be impossible to register an idea that would come to do something immaterial, imperceptible that has not been expressed in some type of material.
When considering the scope of copyright, it follows from the concept that this does not protect the ideas but the form of expression that they take to reach reality. It is in this way that its importance is found in the protection of the author as the creator of this original expression. In the current context, the information society that postmodernity has developed generates a great demand for this right.
In this sense, globalization collects ‘ideas’ from all over the world and transformations again and again to exploit them in countless ways. Therefore, it is vital for the generators of this content (emphasizing that not their idea, but its form of expression) to protect what they have created, thus protecting paternity as a link with their work.
In spite of this, the traditional classification of law frames it within the incorporeal things because they are intellectually perceived, in turn, immaterial things fall on the qualification of intangible rights, since these rights are not exercised on real things, but rather but thatThey are the product of the mentality and ingenuity of the human being. Authors such as Picard discrep.
conclusion.
Intellectual property rights should be considered as a new branch of the classification of goods because, although there is talk of a materiality of the objects created, these are externalized, concrete creations that were born from the human mind and that are original, put onthat, not all people think the same. This idea must also respond to the concept of utility, since the idea is of the author, but the material result of that idea, that is, the creation as such is of all humanity.
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