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ARTICLE · 12 OCTOBER 2016

Making Available Right

Olivares
Olivares
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Olivares

Olivares

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Luis Schmidt, Olivares, investigates the evolution of communication to the public in copyright law and how ‘making available' has assisted in resolving some difficulties of copyright law, including infringement on the internet.

MexicoIntellectual Property

Communication to the public is on the bundle of copyrights. It implies that works disembody for the purpose of dissemination to an audience that is present or distant from where the communication act is made. A work subject's communication vanishes instantly after the act finishes, although it can be re-embodied, especially if communication consisted in an emission or transmission.

The scope of communication to the public is wide enough to encompass activities like:

  1. "public performance" of works such as drama, dance or music, that are directly and immediately "interpreted", "danced", "acted", "played", "characterized", "recited" or "disserted", in a scenario and before an audience and without employing devices or equipment disseminates them;

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