Spain has become a major hub for tech startups, digital platforms, and creators. If you develop software or digital content, it’s essential to protect and license your work properly under Spanish law — especially as a foreign business or creator.
This guide breaks down how licensing works and what legal tools you need.
🧠 What Can Be Licensed?
Under Spanish intellectual property law, you can license:
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💻 Software and apps (source code, binaries, UI/UX)
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📱 Mobile games and SaaS products
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🎧 Digital media – music, videos, and podcasts
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📚 E-books, courses, and online content
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🎨 Designs, illustrations, templates, and NFTs
🔐 Types of Licenses
1. Exclusive License
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Only the licensee may use, sell, or exploit the content
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Licensor cannot use the work themselves or license it to others
2. Non-Exclusive License
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The licensor retains the right to grant others a license
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Most common for SaaS, marketplaces, and platforms
3. Open Source & Creative Commons
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Allows public use under certain terms (e.g., attribution, non-commercial use)
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Must be clearly stated in writing with proper legal language
📜 Key Clauses in Licensing Agreements
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✅ Scope of use (commercial vs personal)
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🌍 Territorial limits (Spain, EU, worldwide)
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🕒 Duration of license
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💶 Royalties or fees
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🔄 Modification and update rights
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🚫 Prohibited uses or sublicensing terms
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📩 Termination clauses and dispute resolution
👨💻 Special Notes for Foreigners
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You do not need to reside in Spain to license content there
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A local legal entity or representative may be helpful for enforcement
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Contracts should follow Spanish law and be drafted in Spanish for validity in local courts
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VAT and tax issues must be considered when licensing to Spanish clients
🛡️ How Borderless Lawyers Can Help
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Draft or review software and content licensing agreements
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Ensure IP protection for your apps, digital assets, and SaaS platforms
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Negotiate license terms with Spanish clients or users
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Enforce licenses and resolve disputes under Spanish law
📞 Contact Borderless Lawyers Today
Monetize your digital content and software in Spain legally and safely. Borderless Lawyers provides tailored legal support for foreign developers, platforms, and creators. Let’s secure your rights — contact us today.