El autor fantasma: determinación de la autoría y derechos morales

Abstract

This article focuses on the figure of the «ghost author». We understand this author as the person who really creates a work, which generates intellectual property right, and at the same time, he or she accepts that a different person appears publicly as the author. Due to the lack of a clear legal provision on that topic, we try analysing first, what fact produces the intellectual property right, and how the author gets that condition. After that, we make a brief examination of the author’s moral rights, with especial focus on the right of claiming authorship, and whether there is any possibility to relinquish it. Finally, we try to extrapolate the legal consequences of this specific situation on the «ghost author».