– Royal Legislative Decree No. 1/1996 of April 12, 1996, Consolidated Text of the Law on Intellectual Property, last amendments introduced by Royal Decree-Law No. 2/2019 of March 1, 2019.
Membership in International Conventions
– Berne Convention for the Protection of Literary and Artistic Works.
– Universal Copyright Convention.
– Phonograms Convention.
– Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, since November 14, 1991.
– WTO's TRIPS Agreement, January 1, 1996.
– WIPO Copyright Treaty, since March 14, 2010.
– WIPO Performances and Phonograms Treaty, since March 14, 2010.
Registration is not required for owners of an original work. Copyright protection is automatic and free from the moment a work is created. However, registration in the Register of Intellectual Property is possible and provides prima facie evidence of creation and authorship.
Duration: (a) collaborative works: during the lifetime of the co-authors, plus 70 years after the death or declaration of death of the last surviving author; (b) collective works: 70 years from the lawful disclosure of the protected work; (c) rights of performers: 50 years from January 1st of the year following that of the performance. However, if, within that period, a recording of the performance is lawfully published or communicated to the public by a means other than a phonogram, the said rights shall expire 50 years after the date of January 1st of the year following the date of the first publication or the first public communication, whichever is the earlier. If the publication or public communication of the recording of the performance takes place on a phonogram, the aforementioned rights shall expire 70 years after the day of January 1st of the year following the date of the first publication or the first public communication, whichever is the earlier; (d) phonogram producers: 50 years from January 1st of the year following its production; (e) broadcasting organizations: 50 years from January 1st of the year following that in which a broadcast or transmission was first made; (f) photographs: 25 years from January 1st of the year following the date on which the photograph or reproduction was taken; (g) certain editorial productions: 25 years from January 1st of the year following its publication; (h) unpublished works in the public domain: 25 years from January 1st of the year following that of the lawful disclosure of the work; (i) sui generis right on databases: 15 years after January 1st of the year following the date of completion of the database manufacturing process; (j) anonymous or pseudonymous works: 70 years from their lawful disclosure or from their creation if not disclosed; (k) works by authors who died before 1987: 80 years, post mortem auctoris, as the previous Law applies.
Authority name: Ministry of Education, Culture and Sports. Internet address: www.culturaydeporte.gob.es/cultura-mecd/areas-cultura/propiedadintelectual/portada.html