The Supreme Court and the BOE continue to be silent about the book that they published without the authorization of its authors

Confilegal | 12/04/2021 6:50 | Updated: 04/12/2021 12:59 AM

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The Supreme Court and the Official State Gazette continue to keep a deathly silence about the dispute they created, when they allowed a book to be printed, in 2017, with unauthorized texts by two authors and which were signed by two other people, “he explains. the doctor Jose Maria Garzon, lawyer of Maria Luisa Roman Y Matilde Chamorro, retired senior civil servants of the High Court.

Waiter, presented in the Courts of Plaza de Castilla, on February 26, a conciliation ballot prior to the filing of a lawsuit or a complaint against the Supreme Court and against the BOE.

Nothing less than against the cusp of Spanish justice and the entity that publishes all the laws, announcements and appointments of the State.

“Since then they have not contacted us. The feeling of Mrs. María Luisa Román and Mrs. Matilde Chamorro, who served the State for more than 30 years each, is one of absolute loneliness ”, adds the lawyer.

“The reputation of the Supreme Court and the BOE could not fall any lower”, Garzón emphasizes.

According to the lawyer, the Supreme Court and the BOE allowed the texts of their two clients, which were part of the first book published in 2008, entitled “The Supreme Court of the Kingdom of Spain”, were used without their respective authorizations in another later book, «The Supreme Court of the Kingdom of Spain. Historical-Institutional Study ”, which was released in December 2017.

Published by the BOE, an institution that shares copyright along with the Supreme Court.

«The Supreme Court and the BOE have allowed a flagrant violation of inalienable rights whose protection should have been guaranteed precisely by them. In addition, there was an Agreement that, had it been applied, this appropriation of the intellectual property rights of both would not have occurred. It is a clear responsibility ‘in monitoring’ ”, he emphasizes.

WAIVING TO BE CHARGED FOR THAT WORK DOES NOT MEAN WAIVING YOUR INTELLECTUAL PROPERTY RIGHTS

According to Garzón, his two clients gave up charging for the texts included in the first book. And they did it graciously, as a favor to an institution they both loved and were very proud to belong to.

“That first resignation does not imply giving up your intellectual property rights. It is impossible. Because they are inalienable. They are yours. And nobody can use them, much less sign them as if they were theirs, as has happened in the case that concerns us with the gentlemen Alfonso de Ceballos-Escalera y Gila, Viscount of Ayala, Marquis de la Floresta and Duke of Ostuni, of the late Kingdom of the Two Sicilies, in Italy, and Felix Martinez Llorente, Professor of History of Law and Institutions at the University of Valladolid, ‘authors’ of the second book, “he says.

Regarding Ceballos-Escalera and Martílnez, Garzón affirms that “they do not seem to know the Intellectual Property Law. Because it is evident that they have not read it.

«And the law makes it very clear: intellectual property rights are attached to the author even after his death. In other words: you cannot steal the authorship of your work from an author, which is what has happened in this case. Without any kind of doubts ”, he emphasizes.

Garzón and his clients hope that justice will soon address the conciliation ballot –also known as a lawsuit– with the Supreme Court and with the BOE to find out what to expect.

«It is up to them whether we take one path or another or fix it through dialogue. The ball is in your roof«, Concludes.

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