The exploitation rights of the work last, in general (original literary, artistic or scientific creations), up to 80 years after the death of the main and secondary author (translators, illustrators ...), if this occurred before the December 7 of 1987, or Up to 70 years in the case of deaths subsequent to this date [Chapter I and Fourth transitory provision of the Intellectual property law].
Since the period of 70 years can not be applied until the year 2058 (1988 + 70 = 2058), the date of 2020 are books of public domain those whose authors died before 1940 (2020-80 = 1940).
- The term of protection begins counting from January 1 of the year following the death or death declaration.
- It should be kept in mind that this calculation should be done both with the main authors of the work and with the secondary ones that have made it possible to edit them (translators, illustrators, reviewers, authors of notes or interpretations ...) . Therefore, it is often the case that the original text of a work is only of public domain, not the one of the later editions where a new work of layout, revision, etc. has been made.
General duration of rights
|Posthumous, pseudonymous or anonymous works
70 or 80 years since its licensed disclosure (according to it, it is prior to or after the 7 of December of 1987).
The term of protection begins to count from January 1 of the year following the one of the first lawful disclosure. If before the end of this term the author is known, the provisions of the previous point will be applicable.
|Works in collaboration
The rights of works resulting from the unitary collaboration of several authors, will last a lifetime of co-authors and 70 or 80 years after the death or death declaration of the last surviving co-author (depending on whether it is prior to or after 7 December of 1987).
Without prejudice to what is agreed between co-authors, they may exploit their contributions separately, except if this harms the common exploitation. Intellectual property rights on a work in collaboration correspond to all co-authors in the proportion that they determine.
70 or 80 years after the licensed disclosure of the protected work (according to it, it is prior to or after the December 7 of 1987).
Collective work is created as created by initiative and under the coordination of a natural or legal person, who publishes and discloses it under his name, and is constituted by the meeting of contributions of various authors whose personal contribution is based on a unique and autonomous creation (without it being possible to attribute separately to any of them a right over the whole work).
If the author is a natural person, the general rule of 70 / 80 years after his death is applied.
On the other hand, if the author is a legal entity, 70 / 80 years must be counted from 1 January of the year following the first legal disclosure or creation thereof (if this has not been disclosed).
|New editions of works in the public domain and non-protected works
25 anys computed from January 1 of the year following the release of new editions ofworks in the public domain or 'works not protected, as long as these new editions can be individualized by their typographic composition, presentation and other publishing characteristics.