Skip to content

Open from Monday to Friday from 9:00 until 19:00

Guide: Copyright and Intellectual Property

Intellectual property (IP) is the legal framework that protects original creations and determines what can be done with them: use, share, adapt, or publish them, and under what conditions.

Within IP, copyright applies to creative works such as texts, images, music, videos, or software. It recognizes moral rights (for example, that authorship is acknowledged and the integrity of the work is respected) and economic rights (such as reproducing, distributing, publicly communicating, or transforming a work).

In Spain, the main regulation is the Texto Refundido de la Ley de Propiedad Intelectual (Real Decreto Legislativo 1/1996) and its subsequent amendments (e.g., Ley 21/2014).

FAQs Copyright and Intelectual Property

Intellectual Property Protection

  • What does intellectual property protect?

    IP protects the specific expression of a creation (the “work”), regardless of the format or medium in which it is disseminated: paper, digital, audiovisual, etc.
    In general, this includes works such as books and articles, music, photographs and images, films and audiovisual works, computer programs and databases, maps and technical drawings, among others.

    Important: protection focuses on the work as an original creation, not on the effort or investment itself.

  • What does intellectual property NOT protect?

    In general terms, copyright does not protect ideas or concepts “in the abstract”: what is protected is the way in which those ideas are expressed (text, image, musical score, code, etc.).

    Therefore, two people may deal with the same subject or idea, but each will have rights over their specific way of expressing it, if it is original.

Copyright

As a general rule, the author is the person who creates the work and acquires rights from the moment of creation (no prior procedure is required to “have copyright”).
In addition to copyright, the regulations also cover related or neighboring rights (for example, on certain performances and productions), which are regulated within the same legal framework of intellectual property.

The rights arising from the work are usually organized into two main categories:

a) Moral rights
These are non-transferable and inalienable. They stay with the author throughout their lifetime. After death, they are transferred to heirs or designated persons. They protect the personal link between the author and the work. They include, for example, the right to be recognized as the author and to oppose modifications that harm the integrity or reputation of the creator.

b) Property or exploitation rights (Economic rights)
These allow the owner to authorize or prohibit uses such as reproduction, distribution, public communication, or transformation (adaptations, translations, etc.) and, where appropriate, to obtain remuneration.
This distinction is key to understanding why citing and attributing is not just an academic issue: it connects with the recognition of authorship (moral right), while copying or disseminating a work usually affects exploitation rights.

The Intellectual Property Law also recognizes the right to make private copies without prior authorization, provided that there is no profit motive or collective use, that the work has already been disclosed, and that it has been accessed legally. As compensation for the rights that are not received for these copies, a compensatory levy is established that is applied to media and devices suitable for recording (CDs, DVDs, players, cameras, photocopiers, etc.) and thus remunerates the owners for the private use of their works that may occur.

As the owner, the author (or whoever holds the rights) may allow uses of their work through:

  • Licenses: authorizations for certain uses (for example, allowing reproduction or public communication under certain conditions).
  • Assignments or transfers: transfer of economic rights to a third party; in general, these rights can be transferred by written document.
  • Collective management: in some sectors, certain rights may be managed through entities that administrate authorizations or royalties.

In the EU and, as a general rule, also in Spain, the usual term of protection for exploitation rights is the life of the author + 70 years (with particularities depending on the type of work or specific cases).
When this term expires, the work enters the public domain, allowing it to be used freely and without charge by anyone, provided that the inalienable moral rights are respected. Even so, aspects related to the recognition of authorship must be respected where applicable.
A work may also be in the public domain if the author expressly waives their economic rights.

An orphan work is a copyrighted work whose owners cannot be identified or located after a diligent search (consulting registries, specialized databases, and other reasonable sources, as appropriate). The problem with this is that, although the rights are still valid, there is no one to ask for permission to use the work, which greatly hinders its dissemination and exploitation.

Differences between Copyright, Intellectual Property, and Industrial Property

  • Intellectual Property

    • Protects original literary, artistic, or scientific creations: books, articles, photographs, videos, software, teaching materials, etc.
    • Includes moral rights (recognition, integrity) and economic rights (reproduction, distribution, public communication, and transformation).
    • These rights arise automatically upon creation of the work, without registration.
  • Copyright

    • They are part of Intellectual Property.
    • They cover, in particular, the economic exploitation of the work (economic rights).
    • Their usual duration is the life of the author + 70 years.
  • Industrial property

    • It is not part of intellectual property, even though they are often confused.
    • It does include trademarks, patents, utility models, industrial designs, and designations of origin.
    • It requires formal registration and protects inventions, corporate identities, and designs.

Creative Commons Licenses

In addition to the traditional “all rights reserved” model, there are standardized licenses that allow works to be shared while clearly indicating what uses are permitted.

Creative Commons licenses legally allow authors to retain copyright and not transfer it to publishers. Licenses always start from the basic condition that the work is specifically acknowledged and cited (CC BY) and add the following possible conditions:

  • NC – Non-commercial: the work may be copied, distributed, displayed, and derivative works may be made for non-commercial purposes.
  • ND – No derivatives: you can copy, distribute, display, and perform copies of the work, but you do not have the right to produce derivative works.
  • SA – Share Alike: you can distribute derivative works under a license identical to the license of the original work.

Creative Commons page

License Description of rights Summary

CC BY

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, provided that credit is given to the creator. The license allows commercial use.

  • BY: Credit must be given to the creator.

CC BY-SA

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, provided that credit is given to the creator. The license allows commercial use. If you remix, adapt, or build upon the material, you must license the modified material under the same terms.

  • BY: Credit must be given to the creator.
  • SA: Adaptations must be shared under the same terms.

CC BY-NC

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, solely for noncommercial purposes, and provided that credit is given to the creator.

  • BY: Credit must be given to the creator.
  • NC: Only non-commercial uses of the work are permitted.

CC BY-NC-SA

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, solely for noncommercial purposes, and provided that credit is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under the same terms.

  • BY: Credit must be given to the creator.
  • NC: Only non-commercial uses of the work are permitted.
  • SA: Adaptations must be shared under the same terms.

CC BY-ND

This license allows reusers to copy and distribute the material in any medium or format only in its original form (without adaptation), and provided that credit is given to the creator. The license allows commercial use.

  • BY: Credit must be given to the creator.
  • ND: Derivative works and adaptations of the work are not permitted.

CC BY-NC-ND

This license allows reusers to copy and distribute the material in any medium or format only in its original form (without adaptation) and only for non-commercial purposes, provided that credit is given to the creator.

  • BY: Credit must be given to the creator.
  • NC: Only non-commercial uses of the work are permitted.
  • ND: Derivative works and adaptations of the work are not permitted.

Legal framework

The basic legislation in Spain on intellectual property is the Texto Refundido de la Ley de Propiedad Intelectual (RDL 1/1996), which also applies in Catalonia.
Among its reforms, Ley 21/2014 stands out.
For the Intellectual Property Registry, the main framework is the Real Decreto 281/2003 (Reglamento del Registro General).

RDL 1/1996 (BOE)    Ley 21/2014 (BOE)    Real Decreto 281/2003 (BOE)

Contact us

For more information and questions about copyright, licenses, and how to share content for academic and research purposes, please contact the IQS Library team.

This site is registered on wpml.org as a development site. Switch to a production site key to remove this banner.