Copyrights Law in Spain
Here’s a summary of Copyright Law in Spain:
Copyright Law in Spain
Copyright in Spain is governed mainly by the Spanish Intellectual Property Law (Ley de Propiedad Intelectual, Law 22/1987), which has been amended several times to align with European Union directives and international treaties.
Key Features of Spanish Copyright Law:
1. Protected Works
The law protects a broad range of original works, including:
Literary works (books, articles, software, etc.)
Musical works (with or without lyrics)
Dramatic and choreographic works
Artistic works (paintings, sculptures, photographs, architecture)
Audiovisual works (films, TV programs)
Databases with original selection or arrangement
Derivative works and adaptations
2. Ownership and Duration
The author or creator is the original copyright owner.
When works are created in employment, the rights may belong to the employer unless otherwise agreed.
Duration of protection:
General rule: Life of the author plus 70 years after death.
For joint authorship, 70 years after the death of the last surviving author.
For audiovisual works, 70 years from the death of the last surviving principal director, screenwriter, or composer.
For anonymous or pseudonymous works, 70 years from publication.
For phonograms, broadcasts, and performances, 50 years (extended to 70 years following EU directives).
3. Economic and Moral Rights
Economic rights include reproduction, distribution, public communication, and transformation (adaptation).
Moral rights are perpetual, inalienable, and imprescriptible and include:
The right to claim authorship
The right to respect for the integrity of the work
The right to decide on the disclosure of the work
The right to withdraw or modify the work under certain conditions
4. Limitations and Exceptions
Spanish law allows certain exceptions for:
Private copying (with a levy system to compensate authors)
Use for education, research, and library preservation
Quotation and criticism
Parody
Public security, judicial proceedings, and news reporting
5. Collective Management
Spain has a well-developed system of Collective Management Organizations (CMOs), such as SGAE (Sociedad General de Autores y Editores), which manage rights and royalties on behalf of authors.
6. Enforcement
Civil remedies: injunctions, damages, destruction of infringing copies.
Criminal sanctions for piracy and willful infringement.
Enforcement is supported by Spanish courts, police, and customs authorities.
Spain has specialized IP courts in many regions.
International Agreements
Spain is a party to key international treaties:
Berne Convention
WIPO Copyright Treaty
TRIPS Agreement
European Union Copyright Directives
Summary
Spain’s copyright law is comprehensive and closely harmonized with EU standards, offering strong protection to authors while balancing public interest through well-defined exceptions and limitations. Moral rights are strongly protected and cannot be waived.
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