An composer is a person who creates a musical work. This work, as long as it is original, is protected by law to prevent it from being used without the necessary consent of its copyright holder. Copyright, therefore, is the set of legal rules that grant these holders certain rights over their works.

Copyright in Spain

Most countries have adapted the agreements of the Berne Convention for the Protection of Literary and Artistic Works, which was signed in 1886 and which has currently been ratified by more than 160 States, to their legislation.

In Spain, specifically, the current Intellectual Property Law, in accordance with the aforementioned Convention, recognises two types of copyright: economic and moral.

Economic rights

These refer to the exploitation of the work and the ability of its copyright holder to decide what uses are made of it. Consequently, the work may not be reproduced or used without prior authorization, except in the cases (limits) provided for by law. These types of rights may be transferred provided that a transfer contract is signed.

The main rights are the reproduction, distribution, public communication or transformation of the work. Likewise, the law also recognizes other compulsory collective management property rights, which various entities manage as entities authorized by the Ministry of Culture, such as compensation for private copying, remuneration for use in universities or the right to remuneration for public lending.

Moral Rights

These correspond only to the author of the work and are inalienable and non-waivable, that is, they cannot be transferred or waived. They are the following: to decide whether the work is to be disclosed and how; to determine whether the disclosure is made with the author’s own name, under a pseudonym or anonymously; to demand the authorship of the work; to demand respect for the integrity of the work and to prevent any modification that would be detrimental to their legitimate interests or reputation.

Difference between copyright and author’s right

It is often thought that the terms “author’s right” and “copyright” are synonymous. However, it is worth highlighting some nuances that differentiate them. In general terms, we could say that author’s rights focus on the creator and copyright on the work. Why? Because author’s rights protect both moral and property rights, but copyright only protects property rights, which have an economic impact.

The term author’s right comes from French law (droid d’auteur) and the term copyright comes from Anglo-Saxon law. In Spain we are more comfortable with the continental (French) model – based on laws – than with the British model, which is sometimes governed more by jurisprudence.

Can a protected work be used?

Generally, we may use and reproduce a work when we have the authorization of its copyright holder. The Intellectual Property Law also establishes some limits that allow reproducing part of a work without the express consent of the copyright holder, for example, for public security purposes or for administrative, judicial or parliamentary procedures; when it is for private use without commercial purposes; or for the benefit of people with disabilities without profit motive.

An exception is also provided for when reproducing fragments of works already published for educational or scientific research purposes, although the source must be included.