With apologies to the American humourist , Tom Lehrer. 

Until recently Spain was considered the ‘wild west’ so far as Intellectual Property is concerned.  However as more and more people earn their living from intellectual rather physical work this culture is changing, and the authorities are clamping down on piracy.

As the term implies, Intellectual Property comprises the products of creative skills, and includes rights in original literary and artistic works, industrial designs, trademarks, inventions, music, film, television and radio programmes, podcasts, and original material published on the internet.

Ideas or concepts which have not been set down in some concrete or electronic form are not protected.

In Spain, the legislative regime concerning intellectual property is contained in Real Decreto Legislativo 1/1996, and Leyes 23/2006, and 3/2008 together with a number European  Union Directives.

The author or creator of original work is entitled to recognition and credit for his work, known as the “moral rights” and the right to financial compensation for the exploitation of the fruits of his efforts or inspiration, known as the “compensatory rights”, and the entitlement to those rights starts from the moment the work is created without the need for any other formalities.   Copyright in written or artisitic works can be indicated by the well known ©symbol but it is not compulsory to use this symbol or give any other indication.    

The Ministry of Culture maintains a register of Intellectual Property rights in which the author or creator of an original work can register their ownership.  Registration is voluntary but offers the advantage of proof of ownership and originality.

These rights last for the life of the creator plus seventy years, so the estate of a successful author, composer, or artist can be the owner of very valuable rights indeed.   They may choose to exploit these rights themselves and receive royalties, or sell them outright and realize the capital, or dispose of in some other way such, as leasing or licensing.

At the end of this period of “life plus seventy years” all rights come to an end and the work in question falls into the “Public Domain”.   It is dangerous to assume that a well known work, such as a piece of music, is within the Public Domain.  This is known as the “Happy Birthday Trap” from the court case in the 1930’s when the estate of the ladies who originally composed the tune to “Happy Birthday To You” successfully sued the producers of a film who used that song without their consent or paying them a royalty.

In addition, the internet is not the “Public Domain” and copying material from the ‘net is piracy.  Exchange of copyrighted material such music, movies, or TV programmes, over the internet through Peer to Peer file sharing services such as “bit-torrent” or “limewire” will breach copyright law even where the material is purely for private use.

Generally, permission is required for all commercial use of copyright material.  There are exceptions where material is purely for private use, or use in the education or legal systems, but for example,  playing music or showing video or TV programmes in a shop or bar, is commercial use for which permission is needed.  

Distributing TV programmes via cable or microwave systems requires a whole range of permissions from the originators of the programmes and owners of the rights in them without which the distributors are liable to civil claims for damages and criminal penalties.

Obviously, it would be impractical to approach every author, composer, or artist for permission to use their own work, so a number of societies exist to administer their rights and collect their fees, such as the Sociedad General de Auditores y Editores, who collect the fees for playing music and showing TV and video in bars, shops, and other public places.   There are other societies which represent the interests of graphic artists, industrial designers, etc.

The unauthorised use of intellectual property is piracy and can be penalized by a both a civil claim for damages for compensation, and criminal penalties under articles 270, 271, and 272 of the Spanish Penal Code.    Penalties range from fines up to 4 years imprisonment for serious instances of piracy.   In addition the law provides for the seizure of pirated material, the machinery used to produce, distribute or broadcast the material, and the money received from the sale or distribution of it.

Tom Lehrer’s advice to “Plagiarise, Plagiarise” should be always be regarded as satire, and remember that the illicit copy of the movie or album you play on the TV or music system in your bar or shop could land you in a lot of trouble.