Translating or adapting content for another market needs the copyright owner’s permission, because a translation is a transformation of the original and the result is itself a derivative work with its own copyright. Under Spanish law (Articles 11 and 21 of the Intellectual Property Law), you therefore need two sets of rights: a licence from the owner of the original and an assignment from whoever translated or adapted it. This guide on derivative works copyright is for companies localising websites, software, marketing, training material and publications between Europe and Latin America.
Key takeaways
- Translation, adaptation and any other change of form that produces a different work is a “transformation”, an exclusive right of the author (Articles 17 and 21 TRLPI).
- The translation or adaptation is a derivative work protected in its own right, and its author is the translator or adapter (Articles 11 and 21.2).
- The original author keeps the right to authorise any exploitation of the derivative work for as long as the original is protected.
- A licence that does not mention translation or adaptation will rarely cover them: unstated forms of exploitation are limited to what the contract strictly requires (Article 43.2).
- Moral rights still apply: adaptations cannot distort the work to the prejudice of the author’s interests or reputation (Article 14).
Why is translating content a copyright act?
Article 17 of the Spanish Intellectual Property Law (TRLPI, Royal Legislative Decree 1/1996) gives the author the exclusive rights of reproduction, distribution, communication to the public and transformation, none of which can be exercised without authorisation except where the law allows. Article 21.1 defines transformation as including translation, adaptation and any other modification in form from which a different work results.
This is not a Spanish peculiarity. The Berne Convention, administered by WIPO, lists the right to translate and the right to make adaptations and arrangements among the exclusive rights its members must recognise. In practice, this means the same question arises in Spain, Mexico, Brazil or Colombia: who authorised the translation?
What counts as a derivative work under copyright?
Article 11 TRLPI protects, without prejudice to the copyright in the original:
- translations and adaptations;
- revisions, updates and annotations;
- compendiums, summaries and extracts;
- musical arrangements;
- any other transformation of a literary, artistic or scientific work.
For localisation, the categories that matter most are translations, adaptations and updates. A translated website, a dubbed or subtitled video, a localised software interface and a rewritten advert for another culture can all be derivative works. Even rewriting a Spanish text for a Mexican or Argentine audience can be a transformation if the result is a different work. Literal changes of format, such as converting a file, are not.
Who owns the translation?
Article 21.2 splits the rights. The copyright in the result of the transformation belongs to its author, the translator or adapter, but the author of the original keeps the right to authorise the exploitation of that result in any form, in particular its reproduction, distribution, communication to the public or further transformation, for the whole term of protection of the original.
| Who | What they hold | What you need from them |
|---|---|---|
| Owner of the original (author, publisher, software house) | Exclusive right to authorise the translation and its exploitation (Arts. 17 and 21) | A written licence covering translation or adaptation, the target languages, territories, media and duration |
| Translator, adapter or localisation agency | Copyright in the derivative work (Arts. 11 and 21.2) | A written assignment of the economic rights in the translation (Arts. 43 and 45) |
| Voice actors and performers in dubbing | Performers’ rights, including remuneration rights managed collectively for some uses (e.g. Art. 108) | Performance releases, and a check of any remuneration owed |
| Employees who translate in-house | Rights pass to the employer to the extent of its usual business, unless agreed otherwise in writing (Art. 51) | Employment contracts with clear IP clauses |
For software, the rules are specific: the right to translate, adapt or otherwise transform a computer program belongs to its owner, without prejudice to the rights of whoever carries out the transformation (Article 99.b).
Does your existing licence cover translation?
Often not. Article 43 limits any assignment to the rights, forms of exploitation, duration and territory stated. If the forms of exploitation are not specified, the assignment is limited to what follows necessarily from the contract and is indispensable to its purpose; without a stated duration it lasts five years, and without a stated territory it covers only the country where it was made (Article 43.2). It also never extends to forms of use unknown when it was signed (Article 43.5). Assignments must be in writing (Article 45).
So a licence “to publish the book in Spain” or “to use the photos on our website” does not, by itself, authorise a Portuguese edition for Brazil or an English version for the United Kingdom. The error we see most often is the reverse case: a company in Latin America commissions content locally and later discovers that the contract with the creator is silent on translation.
Are there cases where you do not need permission?
- Public domain works: once the economic rights expire, anyone may translate the work, provided authorship and integrity are respected (Article 41). Your new translation is then protected in its own right.
- Parody: a parody of a published work is not a transformation requiring consent, provided it does not create a risk of confusion or harm the original or its author (Article 39).
- Software use and error correction: Article 100.1 allows the lawful user to reproduce or transform a program, including correcting errors, where necessary to use it for its intended purpose, unless the contract provides otherwise.
- Your own content: if your company owns all the economic rights, including transformation, you can translate freely; the point is to prove it.
Nothing in Article 21 exempts translations made with software. Running a protected text through a machine translation tool still produces a translation of that text, so the owner’s authorisation is needed before the result is exploited.
What this means for your business
- Inventory the content you plan to localise and identify who owns each original.
- Check each licence or assignment for translation, adaptation, target languages and territories, and renegotiate where they are missing.
- Sign assignments with translators, localisation agencies and freelancers before work starts, covering all markets and media.
- Agree how far adaptations may go, and obtain the author’s consent for substantial changes to protect against moral rights claims.
- Keep a register linking each localised version to its original and to the contracts that authorise it.
For companies localising across several markets, our copyright licensing team for translations and digital content can review the chain of rights before launch.
Where companies get localisation rights wrong
- Assuming the original licence covers new languages. Unstated forms of exploitation are interpreted restrictively.
- Forgetting the translator’s rights. Without an assignment, the agency or freelancer may hold the copyright in your localised content.
- Changing too much. Adapting slogans, characters or tone can breach the author’s right to integrity, which cannot be waived under Spanish law.
- Ignoring dubbing and voice rights. Performers have their own rights, and some remuneration is collected through collective management organisations.
- Localising software without checking the licence. Translating an interface may be a transformation the vendor has not authorised.
If a rights holder objects after launch, our IP licensing and disputes team can negotiate a retroactive licence or defend your position.
Frequently asked questions
Do I need permission to translate content I have bought or licensed?
Usually yes, unless your licence expressly covers translation. Under Spanish law, translation is a form of transformation reserved to the author, and a licence is limited to the forms of exploitation it states. Buying a copy of a book, a photo licence or a software subscription does not, by itself, give you the right to translate or adapt the work.
Who owns the copyright in a translation?
The translator, as author of the derivative work, under Articles 11 and 21.2 TRLPI. The owner of the original, however, keeps the right to authorise any exploitation of the translation while the original is protected. A company that wants to exploit a translation therefore needs both a licence from the original owner and an assignment from the translator.
Is a machine translation of a protected text allowed without permission?
The law does not exempt translations made with software. A machine translation of a protected text is still a translation of it, so exploiting the result requires the original owner’s authorisation, just like a human translation. Using machine translation for purely internal comprehension raises different questions that should be assessed case by case.
Can IP Global Guard manage translation and localisation rights for our expansion?
Yes. We audit the rights in the content you plan to localise, draft licences with original owners and assignments with translators and agencies, and coordinate the review in each target market. In Latin America and Africa we work with qualified local correspondents, so your localisation contracts stay consistent from a single point of contact.
How IP Global Guard can help you localise safely
Localisation multiplies rights: each language version adds a new author and a new contract. IP Global Guard, the IP services line of META Channel Corporation Limited, handles copyright licensing, assignments and disputes with one strategy and one billing relationship across more than 25 jurisdictions in Europe, Latin America and Africa.
Send us the content you plan to translate, the target markets and the contracts you already have. We will tell you which permissions are missing and draft the agreements to close the gaps. Ask our team to review your localisation rights.
This article is general information, not legal advice, and does not replace an assessment of your specific situation.
