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Paternity of the work

The right of paternity of the work is within the moral rights that are the responsibility of
Bogotá musicians, it is an international right applied to the matter of copyright, as
stipulated in Law 44 of 1993, which modifies and adds the Article 30 of Law 23 of 1982
determines that authors shall retain a perpetual, inalienable, and inalienable right over
their work to: Claim at all times the paternity of their work, oppose deformations,
mutilations, or other modifications of the work, before or after after its publication, keep his
unpublished or anonymous work until his death, or after him when so ordered by
testamentary disposition and withdraw it from circulation or suspend any form of use even
if it had been previously authorized.
Colombian legislation, the Universal Declaration of Human Rights and International
Treaties signed by Colombia, such as the Berne Convention for the Protection of Literary
and Artistic Works that have to do with copyright and the
Decision No. 351 that establishes the Common Regime on copyright and related rights,
delimits, defines and regulates moral rights as "The moral right is one that protects the
personality of the author in relation to his work and designates the set of faculties intended
for that purpose" defined in this way at the VIII International Congress on the Protection of
Intellectual Rights on the Protection of Intellectual Rights (Of the Author, the artist and the
producer) in Asunción, Paraguay.

As mentioned in the previous sections, the moral rights of the authors of musical
works are characterized by giving the author a perpetual, inalienable, and inalienable right
to: Claim at all times the paternity of his work. It is then necessary to talk about the so-
called paternity of the work. The paternity of the work is one of the moral rights, its
definition can be directly inferred from Law 44 of 1993 by which Law 23 of 1982 is modified
in its article 30, it refers to the faculty that the Bogotano musical artist has as author and
creator of the musical work to claim when the mention of his name is omitted for some
circumstance or particularity, or another name or pseudonym is mentioned, it basically
refers to the recognition of his authorship against his musical work.

In fact, if this right is carefully analyzed, it is intrinsically connected or related to the


distribution right referred to above because, after the communication of the musical work
that is given to the general public, the nature of demanding recognition in its condition of
author, the best known paternity of the work is the result of the fact that the artist has
created the musical work, so this right framed within the moral ones which is based on
inalienability is transcendent for the Bogotá musical artist Due to the above, it can be said
that this paternity of the work represents for the Bogotá musician to make himself known
and, logically, to be known as the author of the work that he created, even for the musician
to be able to be recognized after his death. , as established by the same Colombian
Legislation in Law 44 of 1993 by which Law 23 of 1982 is modified in its article 30 in its
literal "C" which deals with the fact that the musician can "Keep his unpublished or
anonymous work until his death, or after his death when so ordered by testamentary
disposition".
This right is protected, as indicated in the previous section by Law 44 of 1993, in the
second section that deals with moral rights, in its article 30, in its literal a) "Claim at all
times the paternity of your work” when the acts referred to in article 12 of this same Law
are affected, which are: Reproduction of the work; when a translation, adaptation,
alteration or any other alteration in which the work is modified is going to be generated and
communicate the work to the public through different means such as representation,
performance, broadcasting or by any other means. In its literal b) "to oppose any
deformation, mutilation or other modification of the work" on this literal, on the
circumstances that they represent for the musician when they may cause any damage to
his reputation or name, in literal c) "to keep his unpublished or anonymous work until his
death, or after him" on this particularity.

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