Copyright Law in Spain: Protecting Your Creative Works

Spain is a thriving hub for creators, artists, musicians, writers, and digital entrepreneurs. Whether you’re composing music, writing books, or producing digital content, your work is automatically protected under copyright law in Spain.

This article explains what creators need to know to secure and enforce their copyright rights.


📚 What Is Protected by Copyright in Spain?

Spanish copyright law protects original literary, artistic, and scientific works, including:

  • Books, articles, and written works

  • Photographs, paintings, and sculptures

  • Films, series, and short videos

  • Songs, music scores, and recordings

  • Software and videogames

  • Architectural designs and digital content (e.g. blogs, websites)

⚠️ Ideas, procedures, or facts are not protected — only the expression of those ideas.


🏛️ Legal Framework

  • Spanish Intellectual Property Law (Ley de Propiedad Intelectual)

  • EU Directives and Regulations

  • International treaties (Berne Convention, TRIPS)


✍️ How Copyright Works in Spain

  • Automatic protection: No registration is required

  • Protection starts from the moment the work is created

  • The author owns both moral and economic rights


🧑‍⚖️ Moral vs. Economic Rights

Type Description
Moral Rights Inalienable — include the right to be credited and to object to distortion of your work
Economic Rights Transferable — include the right to reproduce, distribute, adapt, and sell your work

Economic rights typically last for 70 years after the author’s death.


đź§ľ Optional Registration (Proof of Ownership)

While registration isn’t required, it’s strongly recommended for evidence in case of disputes. You can:

  • Register with the Spanish Intellectual Property Registry

  • Use private platforms like Safe Creative

  • Notarize your work or use blockchain timestamping


⚠️ Infringement and Enforcement

If someone uses your work without permission, you can:

  1. Send a cease and desist letter

  2. Request takedowns for online content (under Spain’s Digital Rights Law)

  3. File a civil lawsuit for damages or injunctive relief

  4. Pursue criminal action in severe piracy or fraud cases


🤝 Licensing and Assignment

You can grant permission for others to use your work through:

  • Licensing agreements (e.g., non-exclusive, exclusive, commercial use)

  • Assignments (full transfer of economic rights)

  • Creative Commons or open licenses (for public distribution)

Make sure licensing agreements are clear, written, and legally enforceable under Spanish law.


🤝 How Borderless Lawyers Can Help

We help creators and businesses:

  • Register and protect their original works

  • Draft licensing and distribution agreements

  • Respond to copyright infringement and enforce rights

  • Defend against misuse or unauthorized publication

📞 Are your creations properly protected? Talk to our IP lawyers today

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