Alcance de la protección de derechos de autor en el entorno digital.

Abstract

The inevitable technological advance and its influence on the creation and dissemination of works in their different forms has posed new challenges for the Law that governs the area. This research studies the scope of copyright protection, specifically, in the digital environment, through the analysis of the regulation aimed at these and the way it contemplates to transfer them. In order to achieve the correct development of this work, bibliography was examined as part of the use of qualitative methodology. In addition, using the analytical and descriptive method, the rise of technology in the digital environment and its possible risks were reviewed. On the other hand, the terms of use of the most used applications for the reproduction and dissemination of works were consulted; consequently, local regulations regarding conventional copyright guidelines were studied and international regulations on the subject and the technological mechanisms they offer were analyzed in order to achieve effective protection of these. These elements make up the core organization of the chapters that make up this research. In this way, the first develops its technical structure, the second covers the historical behavior of the subject and its gradual evolution and influence today; and the third, delves into the national and international legal foundations of the conduct of copyright in the digital environment. The results confirmed the impact of using digital platforms as the main means for the creation and dissemination of art productions, since the creator's exposure to various risks implicit in this action affects his moral and patrimonial rights, limiting the control they acquire over their works. Finally, this work found evident the lack of knowledge and the effective non-application of Ecuadorian regulations regarding the digital environment as the main means of creation and dissemination of productions, so the implementation of specific and effective technological mechanisms must be imposed in the regulations that governs the matter, as long as the state of helplessness is avoided.