Copyright protection arises automatically the moment an original work is created: there is no application, no fee and no registration needed. In Spain and the rest of the EU it lasts for the author’s life plus 70 years, and under the Berne Convention the same work is protected in almost every country without formalities. This guide explains what copyright covers, who owns it inside a company and how it differs from trademarks and patents, for businesses that produce software, content, designs or marketing material.
Key takeaways
- Copyright protects original literary, artistic and scientific creations, including software, photographs, websites and audiovisual works; it does not protect ideas.
- Protection is automatic. In Spain, registration in the Intellectual Property Registry is optional but creates a presumption of ownership.
- The standard term in Spain and the EU is the author’s life plus 70 years; Mexico grants life plus 100, Brazil and Nigeria life plus 70.
- Ownership is the weak point: employees, freelancers and agencies are treated differently, and only written contracts settle it.
- Trademarks and patents protect different things, must be registered and follow different terms.
What does copyright protect?
Under article 10 of Spain’s Intellectual Property Act (Texto refundido de la Ley de Propiedad Intelectual, TRLPI), copyright covers “all original literary, artistic or scientific creations” expressed in any medium, tangible or intangible, now known or invented in the future. The Act lists, among others:
- books, articles, reports, speeches and other written works;
- musical compositions, with or without lyrics;
- films and other audiovisual works;
- paintings, drawings, sculptures, comics and other visual works, including applied art;
- architectural and engineering plans and models, maps and scientific graphics;
- photographic works;
- computer programs.
The title of a work is protected too, if it is original. Translations, adaptations and updates are protected as derivative works without prejudice to the original (article 11). Software is protected only if it is original, meaning its author’s own intellectual creation, and the protection covers its expression, not the ideas and principles behind it, including those underlying its interfaces (article 96).
The key test is originality. A generic product photo, a slogan of three common words or a standard contract template may not reach it, while a carefully designed website, a training course or a codebase usually will.
When does copyright protection arise?
Article 1 TRLPI states that intellectual property in a work belongs to its author “by the sole fact of its creation”. The same principle runs through the corridor where we work: Mexico’s Federal Copyright Law protects works once fixed in a material medium and says no registration is required (article 5); Brazil’s Law 9.610/1998 says protection does not depend on registration (article 18); and Nigeria’s Copyright Act 2022 makes copyright start when the work is created, provided it is fixed in some medium.
Internationally, the Berne Convention, administered by WIPO (the World Intellectual Property Organization), rests on three principles: works from one member state get the same protection in the others as local works (national treatment), protection cannot depend on any formality, and it is independent of protection in the country of origin.
Registration is still useful as evidence. In Spain, rights recorded in the Intellectual Property Registry are presumed to exist and to belong to the recorded owner unless proven otherwise (article 145 TRLPI). Dated deposits, version control and signed contracts serve the same purpose when a dispute arises.
How long does copyright last?
In Spain, economic rights last for the author’s life plus 70 years (article 26 TRLPI), counted from 1 January of the year after death (article 30). The term varies across the corridor:
| Jurisdiction | General term | Legal basis |
|---|---|---|
| Spain and the EU | Life of the author plus 70 years | TRLPI, arts. 26 and 30 |
| Spain, anonymous or pseudonymous works | 70 years from lawful disclosure | TRLPI, art. 27 |
| Spain, software owned by a company | 70 years from disclosure or creation | TRLPI, art. 98 |
| Mexico | Life of the author plus 100 years | Federal Copyright Law, art. 29 |
| Brazil | 70 years from 1 January after the author’s death | Law 9.610/1998, art. 41 |
| Nigeria | 70 years after the end of the year of the author’s death | Copyright Act 2022, s. 19 |
| Berne minimum | Life of the author plus 50 years | Berne Convention |
Moral rights, such as being credited as author and objecting to distortions of the work, cannot be waived or transferred under Spanish law (article 14 TRLPI), even after the economic rights have been sold.
Who owns the copyright: the author or the company?
Spanish law defines the author as the natural person who creates the work (article 5 TRLPI). That has two practical consequences for businesses.
- Employees: the transfer of rights to the employer follows the employment contract, which must be in writing. Without a written clause, rights are presumed transferred exclusively but only as far as needed for the employer’s usual business at the time (article 51).
- Software written by employees in the course of their duties belongs exclusively to the employer, both source and object code, unless agreed otherwise (article 97).
- Freelancers, agencies and contractors: the employee rules do not apply. Without a written assignment, the creator keeps the rights and the client may hold only a limited licence.
Because the author must be a natural person, protection for content generated by AI without meaningful human creative input is doubtful. If AI tools are part of your production, document the human contribution.
Copyright protection compared with trademarks and patents
| Copyright | Trademark | Patent | |
|---|---|---|---|
| What it protects | Original expression: texts, code, images, music | Signs that distinguish goods or services | New technical inventions |
| How it arises | Automatically on creation | Registration (OEPM, EUIPO or the Madrid System) | Grant after examination |
| Term in Spain | Life of the author plus 70 years | 10 years, renewable indefinitely | 20 years, not renewable |
| Typical business asset | Software, website, catalogue, training content | Brand name, logo | Product or process |
Terms from the Spanish Trade Marks Act (article 31) and Patents Act (article 58). One asset often needs several rights: a logo can be a copyright work and a registered trademark at once (article 3 TRLPI). For the sign, see our page on trademark registration in Europe and Latin America; for technical inventions, our patent services.
What this means for your business
- Make an inventory of the works that create value: code, databases, content, designs, photos, videos.
- Check the chain of title for each: who created it, under which contract, and whether there is a written assignment.
- Fix gaps now with assignments from freelancers and agencies; they are cheaper before a sale or a dispute.
- Keep dated evidence and consider registration for key works.
- License deliberately: define territory, term, media and exclusivity, and keep moral rights in mind.
- Plan enforcement by country; the same work is protected across Berne members, but procedures differ.
Our copyright protection and digital works team can review your chain of title and draft the assignments and licences you need.
Where companies get copyright wrong
- Assuming that paying for a work means owning it. Without a written assignment, an agency or freelancer usually keeps the rights.
- Relying on registration as if it created the right. It is evidence, not the source of protection.
- Ignoring due diligence in deals. Investors and buyers check ownership of software and content; gaps cut valuations or delay closings.
- Treating every country the same. Terms, ownership rules and enforcement routes differ between Spain, Mexico, Brazil or Nigeria.
Frequently asked questions
Do I need to register copyright in Spain?
No. Copyright belongs to the author by the sole fact of creation (article 1 TRLPI). Registration in the Intellectual Property Registry is voluntary, but it creates a presumption that the recorded rights exist and belong to the recorded owner, which helps in disputes. Dated deposits and signed contracts also serve as evidence.
How long does copyright protection last?
In Spain and the rest of the EU, the general term is the author’s life plus 70 years, counted from 1 January of the year after death. Anonymous works and software owned by a company are protected for 70 years from disclosure. Other countries differ: Mexico grants life plus 100 years and the Berne minimum is life plus 50.
Does my company own the software its employees write?
In Spain, yes, as a rule. Under article 97 TRLPI, rights in software created by an employee in the course of their duties or following the employer’s instructions belong exclusively to the employer, unless otherwise agreed. This rule does not cover freelancers or agencies, who need a written assignment.
Can IP Global Guard protect our copyright in several countries?
Yes. We review ownership and contracts, handle registrations and evidence, draft licences and coordinate enforcement in Spain and, through qualified local correspondents, across Latin America and Africa. You keep one point of contact, one strategy and one billing relationship for the whole portfolio.
How IP Global Guard protects your creative assets
IP Global Guard, the IP services line of META Channel Corporation Limited, manages copyright, trademarks, designs and patents across more than 25 jurisdictions in Europe, Latin America and Africa from a single point of contact.
Tell us which works matter most to your business and who created them. We will check the chain of title, close the gaps and set up protection in the countries where you operate. Ask our team for a copyright review.
This article is general information, not legal advice, and does not replace an assessment of your specific case.
Sources
- BOE, Real Decreto Legislativo 1/1996, Texto refundido de la Ley de Propiedad Intelectual (consolidated, last updated 30 March 2022)
- WIPO, Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886)
- Cámara de Diputados (Mexico), Ley Federal del Derecho de Autor (last amended 14 May 2026)
- Presidência da República (Brazil), Lei 9.610, de 19 de fevereiro de 1998
- Nigerian Copyright Commission, Copyright Act 2022 (in force 17 March 2023)
- BOE, Ley 17/2001, de 7 de diciembre, de Marcas
- BOE, Ley 24/2015, de 24 de julio, de Patentes
