La titularidad del derecho de autor en las obras bajo relación de dependencia.

Abstract

Intellectual property rights (IPRs) are the rights awarded by society to individuals or organizations principally over creative works: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. IPRs act as an appropriate means to foster innovation, subject to the caveat that such rights are limited in duration to balance the social welfare loss of monopoly exploitation. They give the creator the right to prevent others from making unauthorized use. IP is categorized as Industrial Property (functional commercial innovations), and Artistic and Literary Property (cultural creations), Some see IP rights principally as economic rights, and others as akin to human rights. The immediate impact of intellectual property protection is to benefit financially creators. Regardless of the term used for them, I prefer to regard them as instruments of public policy that confer economic privileges on individuals or institutions solely for the purposes of contributing to the greater public good. The privilege is therefore a means to an end, not an end in itself. The crucial issue is to reconcile the public interest, the difficulty is that the IP system seeks to achieve this reconciliation by conferring a private right, and private material benefits Currently, the largest amounts of works protected by copyright in Ecuador are produced in the context of labor relations. The legal regulations regulate the ownership of moral rights over works protected by copyright produced in labor relations, but there is an ambiguity in various terms that has generated legal uncertainty, raising the question whether this type of rights belongs to the workers or the businessmen.