Derechos de autor como derecho humano y derecho fundamental.

Abstract

Fundamental rights are those rights and liberties that are innate to every human being, every individual possesses them just by existing, these rights are guaranteed and recognized, they are prescribed in the Republic’s Constitution and in the different international human rights treaties. On the other hand, there are intellectual property rights, this legal discipline includes patents, brands, licenses among others, this also encompasses copyright, this is the right creators have over their creations, and the purpose for this is to protect authors and their Works. The objective for this project is to highlight the reasons why copyright is a fundamental and constitutional right and that it is a valuable instrument in Ecuadorian society used to protect, in an effective way, Ecuador’s intangible and immaterial heritage. However, this right is violated everyday due to the fact that it is considered by people as a victimless crime since, it seems as though nobody gets hurt a result or violators are simply not persecuted for the exploitation of someone else´s work with no recognition or credit in any significant way. Today, the legal system have noticed the lack of knowledge and reguard the public has to this right, and through new laws and systems to educate people about the rights, guarantees and their complements to be able to comply with the constitutional precepts and guarantee the conservation of knowledge and creativity.