SPAIN Law and Practice Contributed by: Marina Gómez, Arochi & Lindner
• Owners or successive owners of other intel - lectual property rights – including artists, performers and producers. • Successive owners who acquire rights from the original owners. • Representatives of the authors or owners of the rights. • Persons exercising parental authority, guardi - anship or curatorship – applicable when the author or owner is a minor or legally incapaci - tated. Regarding foreign applicants, representation by a Spanish attorney is not mandatory but may be helpful for navigating the process effectively. Copyright protection in Spain is automatic, but the following formalities strengthen enforce - ment: • Notices and symbols – including the © sym - bol, the name of the copyright holder, and the year of creation are recommended but not mandatory. • Registration – which requires submitting the application to the Intellectual Property Regis - try, along with a copy of the work. 3.8 Copyright Application Requirements The Intellectual Property Registry is unique throughout the national territory and is made up of the Territorial Registries and the Central Registry. Applications can be filed at the differ - ent registries, which have different procedures, forms and fees. In addition to the general require - ments established by each registry, depending on the type of work to be registered, there will be specific requirements. Generally, an application for registration is submitted by providing the official registration application forms and a copy of the work, per -
formance or production, in the form and manner indicated on the official forms. Depending on the case, the documentation thereof will be required by virtue of the legislation in force, as well as proof of payment of the corresponding fee. 3.9 Refusal of Registration A registry may refuse to register a right on the grounds of: • the invalidity of the deeds; • the capacity of the parties; • the non-existence or incompatibility of the registrable rights; and • any other legal question. In such cases, the applicant may bring the appropriate action before the civil courts in accordance with the provisions of Article 145.2 of the RLD 1/1996 IP Law. Registration may also be refused based on the application of administrative procedural rules. In these cases, the interested parties may lodge the appropriate appeals in administrative pro - ceedings. 3.10 Related Rights Copyright is independent, compatible and cumulative with: • ownership or other rights over the material thing in which the work is embodied; • industrial property rights that may exist over the work; and • other intellectual property rights. Intellectual property law establishes certain lim - its and exceptions to copyright, allowing the use of the protected work without authorisa - tion; though in some cases remuneration must be paid.
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