Copyright is central to the field of creativity and intellectual property. The concept has served as a safeguard to protect the ingenuity and artistic expression of those who bring literary, musical, artistic and scientific works to life. The recognition of such rights allows creators to exercise control over the use, reproduction and dissemination of their creations, thus encouraging the production of new and diverse cultural expressions.
What is copyright and what categories does it fall into?
Specifically, copyright is a set of legal principles and rules that gives the creator of a literary, artistic or scientific work a number of rights over his or her creation. These rights allow the author to control how his or her work is used, copied, distributed and publicly communicated. The main purpose of copyright is to protect and recognise the creative work of authors, encouraging the production and dissemination of cultural and artistic works.
The works eligible for protection under this concept are diverse and cover a wide range of artistic and scientific forms of expression. From music, painting, films and books, to advertisements and computer programs, all these original creations are eligible for copyright protection.
In principle, the act of creating a work automatically confers copyright ownership on the author without the need for registration or any other formalities. These rights are divided into two main categories: moral rights and economic rights.
- Moral rights are of a personal nature, inalienable and unwaivable. Some of them have no expiry date and last forever. The most important are the right to recognition of authorship and the rights to integrity and disclosure of the work.
- On the other hand, the economic or exploitation rights are limited in time and their duration varies according to the legislation of each country. In Spain, these rights are valid for the life of the author and are extended to his or her heirs for 70 years after his or her death. Economic rights are transferable and can be sold, assigned or shared with third parties. This means that, in some cases, the author is not the owner of the exploitation rights if he or she has assigned them to a third party. Whether this is a publisher, compiler or any other entity.
What can be protected by copyright?
But copyright is not only limited to the protection of books and literary works, but covers a wide spectrum of original artistic and scientific expressions. Article 10 of the Spanish Intellectual Property Law lists some of the works that can be protected by copyright. However, it is important to note that any original creation, even if it is not on the list, may be subject to protection. Some of the works recognised by the law include:
- Books, pamphlets, printed matter, speeches and writings.
- Musical compositions, with or without lyrics.
- Dramatic works, choreography and theatrical works.
- Cinematographic and audiovisual works.
- Sculptures and works of painting, drawing, engraving and more.
- Architectural and engineering projects.
- IT solutions (software).
Derivative works can even be included. That is, works that are created from transformations of existing works, such as translations, adaptations, revisions, abridgements, excerpts and musical arrangements. Databases and collections may also be protected if they show originality in their selection or arrangement of content.
How does the law protect copyright?
In short, the legal framework that protects copyright in Spain has its origin in the European Directive on this aspect. It is also based on the principles established by the World Intellectual Property Organisation (WIPO). The Spanish Intellectual Property Law establishes protections for the moral and economic rights of authors, as well as the conditions of use by the public.
In order to use a work whose copyright is in force, it is essential to obtain the authorisation of the author(s) of the work or of the copyright holder(s). The use of a work often involves financial compensation to the rightholder in order to be able to reproduce, distribute, transform or publicly disseminate it by any means.
However, the law also provides for exceptions or ‘limits’ to the author’s exclusive right to exploit his or her work, in order to promote the common good and the dissemination of knowledge. These limits allow certain uses of works without prior authorisation or financial compensation in certain circumstances. Some of these limits or exceptions are:
- The reference of works for parodies.
- Likewise, information on current affairs and works in public spaces.
- Any official procedure and for the benefit of citizens with disabilities.
- Non-profit entities of general interest and cultural, scientific or educational nature may use works for the purposes of search or access to culture without the need for authorisation, although in some cases they may require financial remuneration for loans made.
- Private copying allows the reproduction of works disclosed without authorisation for personal, private and non-commercial use, provided that the work has been accessed legally.
Is copyright registration required in Spain?
In Spain, it is not obligatory to register copyright for it to be legally recognised. Copyright is granted automatically at the moment of the creation of the work. There is no cost associated with copyright registration in Spain or in countries adhering to the Berne Convention.
Although it is not compulsory, it is recommended to register the work in the Intellectual Property Register. In particular, if the aim is to exploit it economically or to transfer the rights to third parties. The register, which costs approximately 13 euros, allows to establish the ownership of the copyright and can be useful in case of litigation to prove the authorship of the work.
At ISERN we are specialists in the protection of your intellectual property rights.
With almost 100 years of experience in the defence and registration of patents and trademarks, at ISERN we effectively protect the rights to your creations through intellectual property. Accordingly, we undertake various actions:
- We advise you and carry out the procedures before the intellectual property register and rights management entities.
- We register intellectual property works and software in the United States in just 24 hours.
- We protect multimedia, audiovisual, literary and graphic works in an alternative way.
- We register content on the Internet.
- We provide advice on the private registration of content on websites, portals, digital magazines and blogs.
- We design strategies and manage alternative registers.
- We negotiate fees with the various copyright management organisations.
- We also support and defend you legally in litigation related to aspects of intellectual property. These include copyright, literary creations, musical compositions, software, photography, sculpture, architecture, etc.
- We draft and review licences and transfer agreements.
Contact us or visit us at any of our offices in the twelve most important cities in Spain. We are your best option to protect the copyright of your creations.