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La Lucha por los Derechos de Autor y la Propiedad Intelectual

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Es sábado y hoy toca ponernos como el cabello de Daniela Romo (sólo la vieja escuela sabrá de lo que hablo, si naciste del año 2000 en adelante no entenderás) hasta perder el conocimiento pues.

Muchos critican al Hijo del Santo por la forma de reclamar y proteger su imagen, hasta  han hecho memes al respecto y se ha convertido en chiste recurrente cuando comparten, suben o publican una foto con la imagen del “Heredero de Plata”.

Pero hay que identificar cuando se ocupa un material protegido por derechos de autor para informar y cuando se utiliza para lucrar con ella.

Recientemente en su cuenta de Twitter el Hijo del Santo exhibía a un negocio de comida en Monterrey que maneja el concepto de la Lucha Libre en su decoración. Además de la imagen del Santo, cuenta con Mil Máscaras, Huracán Ramírez y Blue Demon.

Imagen https://www.facebook.com/SANTOMTYMARISCOSYLITROS

Lo que incomodó al luchador de segunda generación fue que dicho negocio se hace llamar “El Santo Remedio” haciendo alusión al luchador que enfrentaba a monstruos, marcianos, lobos y mujeres vampiro. En el lugar venden “litros” (bebidas) y mariscos. La molestia del Hijo del Santo es por el uso de su imagen (y aunque no es igual pero si muy similar) el logotipo del restaurante cuenta con el antifaz que lo caracteriza.

El “Enmascarado de Plata” argumenta que no sólo es cuestión de “feria” (dinero), si no que él tiene que pagar refrendo, abogados, estar pendiente de la caducidad y no es justo que lucren con su imagen, cuando ellos no son los que están al pendiente de los trámites y no son dueños de la marca. En el mismo tweet arroba a las instituciones como al IMPI, INDAUTOR y al Gobierno de Nuevo León, pidiendo hacer valer y respetar la Propiedad Intelectual.

Imagen de https://twitter.com/ElHijodelSanto

Todo esto pudo evitarse si antes se llegaba a un acuerdo con el propietario de la marca, pues se genera dinero con la imagen del Santo tanto en el logotipo como en sus promocionales en redes sociales, y no sólo es utilizada para decoración y ambientación del local. Aunque hasta el momento en sus redes sociales el Restaurante “El Santo Remedio MTY” no se ha manifestado ante las peticiones del Hijo del Santo, parece que si están enterados de la situación, veremos que sucede respecto a este tema.

Algo similar sucedió en YouTube, digo “algo similar” pues hubo problemas con derechos de autor. Un conocido Yotuber utilizó material de la empresa japonesa NJPW sin permiso en algunos videos, su canal fue reportado a manera de “strikes” y si no hay una pronta solución o acuerdo con el “demandante”, cancelarán su canal que cuenta hasta ahora con 359,000 suscriptores.

El problema radica en el uso de imágenes del evento Wrestle Kingdom celebrado a inicios de enero, el Youtuber identificado como Falbak realiza contenidos de wrestling en manera de “reviwes” de las transmisiones de empresas como WWE, AEW, TNA, ECW entre otras. Él mismo comenta en una transmisión por su canal de Twich que nunca había recibido advertencias ni mucho menos reportes “strikes” de ninguna empresa, y que su intención no era generar una ganancia con base en el producto de NJPW, sino que quería ayudar a promover su contenido y hacerlo llegar a más personas.

Imagen de https://twitter.com/Falbak_

Aunque mucha gente en redes sociales, tanto usuarios, seguidores y aliados, así como luchadores y medios de comunicación apoyaron y crearon un Hashtag etiquetando a la empresa nipona para ayudar al Youtuber, la reclamación no llegó directamente de NJPW sino de TV Asahi quien es la dueña de los derechos de transmisión. Por supuesto defendiendo y haciendo valer la ley y los lineamientos de la plataforma de videos líder en el mundo.

Hasta este momento no se ha llegado a un acuerdo y posiblemente el 27 de enero el canal desaparecerá.

Amigos lo que quiero que entiendan es que no es lo mismo utilizar una marca, imagen o contenido original para promoción o ilustración a generar un ingreso monetario, obtener beneficios o lucrar de cualquier manera sin permiso del dueño.

Ahora con las redes sociales y la tecnología es más difícil infringir, plagiar o lucrar con las marcas registradas ante las instancias de derecho de propiedad y autor aunque no imposible. Tanto el Hijo del Santo como TV Asahi están en todo el derecho de reclamar, ellos son los dueños de todo lo que envuelve a su producto.

Entonces ya saben no se les vaya a ocurrir adueñarse de contenidos, productos o lo que sea que tenga dueño pues pueden terminar demandados.

Hasta aquí en Sabadrink de hoy y vamos calentando motores con una rica y embriagante bebida, eso si, procuren no sea con bebidas adulteradas, hay que consumir original.

Ahora que hablamos de Japón que les parece una bebida con sake

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Imagen de https://comerjapones.com/cocteles-con-sake-la-nueva-tendencia

Por cierto la foto no es mía, ahora si ¡Salud!

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