A work can generate income for decades, both for the author and for his descendants. The million-dollar question is: how long does copyright last? And the answer is not concrete, since it depends on several factors. In this article, we solve all your doubts about the duration of copyright. Go for it!

The first thing we must clarify is that, in Spain, the validity of copyright is regulated by Intellectual Property Law. As is logical to think, each country has its legislation, so there are notable differences regarding when copyrights expire depending on the geographical territory in which we are.

What does the Intellectual Property Law say about the duration of copyright?

According to Intellectual Property Law, the exploitation rights last for the life of the author and 70 years after his death. When this time expires, the work becomes public domain, so it can be used by anyone, freely and for free. 

This is applicable to the works of authors who died after 1987, when the previous Intellectual Property Law came into force, unifying the legislation with the European provisions. For authors who died before this date, there are other deadlines.

Copyright and publishing rights

To be able to talk about specific times we must differentiate two assumptions. One, if it is the original work, for example, a book or a song. And, two, if it is a derivative work, such as a version, an arrangement, or an adaptation. How long does copyright last in both cases?

Well, in the case of the original work, whether musical or literary, it will be protected for up to 70 years after the death of the author. If there are several authors, it will be 70 years after the death of the last of the authors. Let us remember that these terms apply whenever they are creators who died after 1987. For authors who died before that date, the protection is 80 years after the creator's death. If publisher rights existed, they would cease to be valid at the time of the death of the last deceased author.

For authors who died before that date, the protection is 80 years after the creator's death.

In the case of adaptations of a work, the legislation is applied in the same way, although the protection period is different. For example, if a new version of a song that is already in the public domain is created, a new copyright is created. So the original work could be used by anyone, but the version of said work would be protected for a new period of time. 

performance rights

Performance rights refer to record companies and various artists (musicians, DJs, and all kinds of sound performers). When do copyrights expire? As we will see below, here the protection period is much shorter than for authors. 

The legislation applies that the rights of the record companies end 50 years after the publication of the phonogram. While the rights of various artists become public domain 50 years later, from the first demonstrable public performance or fixed in sound or audiovisual support. 

Can copyright be assigned?

This topic can be confusing, so we want to make it as simple as possible. The first thing you should know is that, in Spain, copyright is divided into two categories: moral rights and economic rights. 

On the one hand, moral rights refer to the personal link that exists between the author and the work and is inalienable and inalienable, so they cannot be assigned. These rights include the right of disclosure, paternity right, the right to the integrity of the work, the right to modify, the right to withdraw the work, and the right to access the unique copy. 

On the other hand, economic rights are those that regulate the economic exploitation of the registered work. The creator is entitled to the rights of reproduction, distribution, public communication, transformation, and collection. These exploitation rights are transferable to third parties, with or without consideration, through a written contract for the transfer of rights, or a will in the event that the author has died.