scholarly journals Economía del siglo XXI: Economía naranja/ Economy of the 21st century: Orange economy

2020 ◽  
pp. 450-464

Resumen La economía naranja abarca todo lo relacionado con la creatividad, el talento de las personas, cuyas ideas pueden transformarse en bienes o servicios protegidos por el derecho de autor o la propiedad intelectual y entre las actividades que la conforman se encuentran la industria cinematográfica, musical, moda, videojuegos, entre otras. La presente investigación analiza, el origen, desarrollo, crecimiento y aplicación de este tipo de economía. La metodología utilizada es del tipo analítica, documental, bibliográfica descriptiva, con un diseño de no experimental. Como resultado, se observa que la economía naranja es una de las más prometedoras para un país, considerando los ingresos generados por las manifestaciones creativas, al igual que los puestos de empleos, contribuyendo sustancialmente con el crecimiento del producto interno bruto del mismo. Se concluye, que la economía naranja o creativa utilizando solo como materia prima la creatividad y el intelecto, es una de las más prominentes y con mayor rentabilidad, si se considera que las personas como resultado del ritmo de vida tan agitado y de los cambios, recurren a la música, redes sociales, cine, videojuegos, museo, literatura, para esparcir su mente, relajarse o simplemente descansar, representando la misma el futuro de muchos países en el siglo XXI. Abstract The orange economy encompasses everything related to creativity, the talent of people, whose ideas can be transformed into goods or services protected by copyright or intellectual property and among the activities that make it up are the film and music industry, fashion, video games, among others. This research analyzes the origin, development, growth and application of this type of economy. The methodology used is of the analytical, documentary, descriptive bibliographic type, with a non-experimental design. As a result, it is observed that the orange economy is one of the most promising for a country, considering the income generated by creative demonstrations, as well as the jobs, contributing substantially to the growth of its gross domestic product. It is concluded that the orange or creative economy using only creativity and intellect as raw materials, is one of the most prominent and with the highest profitability, if it is considered that people as a result of the hectic pace of life and changes, They resort to music, social networks, cinema, video games, museums, literature, to spread their minds, relax or simply rest, representing the future of many countries in the 21st century.

Author(s):  
Anatolii Kodynets ◽  
Arsen Murashko

Keywords: video game, intellectual property law, computer program, software, digitalinformation, electronic information, multimedia work, audiovisual work The article is devoted to thestudy of the legal understanding of video games as an object of intellectual propertyrights. The author concludes that video games constitute digital information, whichgreatly facilitates their development, however, complicates the protection of intellectualproperty rights. There is a contradictory connection between the concepts of«electronic (digital) information», «audiovisual work», «computer program» and «literarywork», which establishes some uncertainty in the protection of video games,namely, what should be understood by these concepts in terms of law.The author found that the use of the latest technologies to improve the visual componentbrings the video game even closer to the game audiovisual object, which increasesthe complexity of the process of protection of intellectual property rights. However, thecurrent situation with the use of the term «computer program» in the context of protectionof intellectual property rights to video games does not cover all features of the latter,covering only the main program among the software recording and operation of thegame, such as audiovisual content. Therefore, there is a need to use the generalized conceptof «software» as opposed to the narrower concept of «computer program». In thiscase, in the absence of at least one of the characteristics of the multimedia work, the computerprogram should be referred to the scope of legal regulation of software.The author proposed to understand the video game as object of intellectual propertylaw in the following manner: multimedia work expressed in the form of digital(electronic) information, the principle of which is determined by the algorithms of thesoftware provided for installation in the memory of computer devices.In general, the digital nature of video games presupposes a revision of existing approachesto the protection of intellectual property rights, which may be aimed atweakening the regulatory function of the law where it is possible to regulate the relationshipby more flexible means.


2020 ◽  
Author(s):  
Fernando Miró-Llinares

Nowadays it is easy to find public statements about the situation of freedom of expression in different democracies questioning the exercise of this right, perhaps as a result of the political tensions to which democratic states have been subjected in recent years. In this sense, Spain does not escape from these diagnoses. Both international indicators that try to measure the situation and evolution of freedom of expression in different States and academic scholars highlight the excessive criminalization of certain speeches that end up in criminal proceedings that sentence people who make offensive expressions, mainly through social networks. However, in order to reach this diagnosis it is necessary to put together all the symptoms that would lead us to that conclusion. Therefore, in this paper I analyze two main indicators that could shed more light on the state of freedom of expression in Spain and the impact that social networks have had on it. Firstly, I analyze the legislative evolution of expression offences since 1995, to evaluate the limits of certain expressions in order to reach the conclusion that, effectively, over the years the punitive scope of what cannot be expressed has been extended, thus limiting, at least in abstract, freedom of expression. Secondly, I analyze the jurisprudential evolution of all these crimes since 1995 to show that, indeed, the proliferation of sentences from 2015 to the present shows the increase in the criminalization of expressions that are made eminently through social networks such as Twitter and Facebook. To conclude, I reflect on the possibility that the latest absolutory sentence by the Constitutional Court of the singer of the band Def con Dos César Strawberry will increase the feeling that, from now on, all expression is admissible and, therefore, will increase free expression in general and, in particular, in social networks, since, it does not seem that our legislator is willing to rectify in its steps the excessive criminalization of certain offenses. I also reflect on the need to approach freedom of expression in a more empirical way and the need to evaluate not only the limitations that the law and judicial processes impose on freedom of expression, but also the extent to which citizens in general and, in particular, users of social networks, without the need to have gone through any criminal proceedings, have stopped expressing their opinions because only in this way will it be possible to determine the state of health of our right to freedom of expression.


Author(s):  
Cynthia Mishel Gudiño Flores

Intellectual Property is continuously present in different manifestations of daily life. However, not all people fully understand what this means, especially for authors of artistic or scientific creations, or for inventors. Given this scenario, it is essential to claim the role of the creator and its economic impact on society; in order to increase the incentives to materialize creative ideas of the human intellect that, inevitably, contribute to the production of science and culture.


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