Every April 23, we celebrate World Book and Copyright Day, a date established by UNESCO to highlight the role of books as a vehicle for cultural transmission across generations. Its origins stem from the symbolic date of April 23, 1616, the day Miguel de Cervantes was buried, and the day Inca Garcilaso de la Vega and William Shakespeare died.
Beyond the celebration, this day is an opportunity to reflect on something that often goes unnoticed: what lies behind a book from a legal perspective and how a work is actually protected.
Copyright in a Literary Work
Copyright law grants the creator of a work a series of rights to that work from the very moment of its creation. In other words, no registration is required for that protection to exist: simply writing the work is sufficient.
From that point on, two types of rights come into play:
- Moral rights, which are closely tied to the author as an individual. These include, for example, the right to be recognized as the author of the work, the right to the integrity of the work, and the right to the dissemination of the work. They are inalienable and, in some cases, have no time limit.
- Economic or exploitation rights, which are the rights that allow the reproduction, distribution, or adaptation of a work to be authorized or prohibited. These rights do have a limited term, which, in Spain, extends for the author’s entire lifetime and 70 years after his or her death.
Is it necessary to register a work?
One of the most common questions is whether a work must be registered in order to be protected.
The answer is no: copyright arises automatically upon creation. However, registration may be advisable in certain cases.
The Intellectual Property Registry allows you to record the authorship and date of creation, which can be particularly useful in the event of a dispute or if you need to prove ownership of the rights.
Therefore, when a work is to be commercially exploited or rights are expected to be transferred to third parties, having this backing can provide greater legal certainty.
How Can the Rights to a Work Be Exploited?
The value of a work lies not only in its creation, but also in how its exploitation is managed.
Economic rights may be assigned or licensed to third parties, such as publishers or other entities, which are responsible for the work’s distribution and commercialization. This means that, in many cases, the author does not directly exploit the work but instead authorizes its use under certain conditions.
In this context, contracts play a key role, as they make it possible to define aspects such as:
- The Scope of the Assigned Rights
- The duration of the assignment
- The territory in which the project may be developed
- Terms of use (publication, distribution, adaptation, etc.)
Proper regulation of these matters is essential to prevent conflicts and ensure the proper operation of the project.
One way to protect creativity
Book Day is, above all, a celebration of reading and of those who make stories possible.
But it is also a good time to remember that creativity needs protection. Copyright not only recognizes the author’s work, but also allows works to be disseminated, exploited, and continue to generate value over time.
To wrap up this Book Day, we’d like to share some recommendations from the ELZABURU team that reflect different ways of approaching reading:
- Antonio Castán recommends “The Very Catastrophic Visit to the Zoo” by Joël Dicker
“It’s one of those so-called children’s novels that adults enjoy reading as well. It’s impossible not to be charmed by the innocence of its characters… it even manages to explain concepts like democracy with humor.” - Alba Mª López recommends “Wide Sargasso Sea” by Jean Rhys
“Rhys provides context and depth to the Creole woman locked away in the attic, describing her story against the backdrop of a lush and dark Caribbean, the social conflicts between former slaves and Creoles, the relationship with the mother country, and the history of Mr. Rochester’s interests and abuses prior to her confinement.” - Mª Carmen Polo recommends “Invisible” by Eloy Moreno
“A story about bullying told from a child’s perspective. It makes you think and leaves a lasting impression.” - Cristina Arroyo recommends “Infinity in a Reed” by Irene Vallejo
“A book about the history of the book that deserves to be read and reread. A true gem.” - Irene Gascón recommends “The Pyramid of Thoth” by Pablo Gascón Escobar
“A book that is the result of many years of research, combining everything from lighthearted anecdotes to historical topics (told in a very engaging way), and identifying geographical sites that he has discovered to be of great significance in the history of humanity as we know it.” - Asís González recommends “Niños feroces” by Lorenzo Silva
“A novel about young people who end up experiencing the horrors of wars created by politicians who view them from a distance. It invites reflection on historical events and the process of literary creation.”