SPAIN Law and Practice Contributed by: Marina Gómez, Arochi & Lindner
the work, by means of their name, signature or a sign identifying them. The RLD 1/1996 of the IP Law does not con - tain any specific provision on work for hire. It simply makes a small allusion in Article 59 to the publishing contract, which makes it neces - sary to refer to the concept of a work lease in the Civil Code, where one of the parties under - takes to execute a work in exchange for a price. Thus, there are different cases in which the RLD 1/1996 of the IP Law presupposes the exist - ence of a transfer of rights, such as for collective works, music production contracts, advertising creations or works created within the framework of an employment relationship. In Europe, the Court of Justice of the European Union noted in its landmark Infopaq decision (Case C-5/08, Infopaq International A/S v Dan - ske Dagblades Forening) that copyright only applies to original works and that originality must reflect the author’s “own intellectual creation”. This implies that an original work must reflect the personality of the author, which means that there must be a human author for a work to be protected by copyright. Under the provisions of Article 7 of the RLD 1/1996 IP Law, co-authorship occurs in those situations where there is a collaborative work. In this sense, the work will be the unitary result of the collaboration of several authors. The rights over this work correspond to all the authors. In order to disclose and modify the work, the consent of all the co-authors is required. In the absence of agreement, a judge will decide. Once the work has been disclosed, no co-author may unreasonably withhold consent for its exploitation in the form in which it was disclosed.
Without prejudice to what has been agreed between the co-authors of the collaborative work, they may exploit their contributions sepa - rately, unless these are detrimental to the com - mon exploitation. Finally, the intellectual property rights over a col - laborative work correspond to all the authors in the proportion they determine. To the extent not provided for in the RLD 1/1996 of the IP Law, the rules established in the Civil Code for community of property will apply to these works. 3.4 Copyright Rights Article 2 of the RLD 1/1996 IP Law sets out the rights that make up copyright. These can be grouped into two broad categories: • moral rights (paternity, integrity, disclosure, modification and withdrawal); and • economic rights (exploitation, reproduction, distribution, public communication and trans - formation). All rights persist as long as the copyright remains in force. Moral rights are unwaivable and inalienable; they accompany the author or performer throughout their life, and their heirs or successors in title upon their death. 3.5 Term of Protection and Termination The general rule is that copyright lasts for the life of the author and for 70 years after the author’s death. In the case of anonymous or pseudony - mous works, it will last for 70 years from their lawful disclosure. These periods run from 1 Jan - uary of the year following the year of death (or declaration of death) of the author or of the law - ful disclosure of the work, as the case may be.
604 CHAMBERS.COM
Powered by FlippingBook