For a work to be protected, the author simply has to declare their authorship in a visible place in the publication without the need for any additional procedure.
Similarly, a number of options are available so that authors wishing to do so can register their works, identify them uniquely and grant user licenses with which the permitted uses of the work for users can be described.
Does a work have to be registered?
A work is any original literary, artistic or scientific creation expressed by any medium or support, tangible or intangible, currently known or that may be invented in the future.
As of the moment that the work is created, the author already enjoys all the benefits of the law and, therefore, does not have to do anything in addition to protect their rights; to this effect, no one can make use of the work without the mandatory authorization of the author.
This notwithstanding, there are various systems for registering and identifying works:
The Intellectual Property Register
The Intellectual Property Register is an agency envisaged in the Intellectual Property Act, conceived as one of the systems for protecting intellectual property rights through the proof and the publicity of the rights that are registered with it.
For the work to be protected, it is not necessary to register it with the Intellectual Property Register, as the work is protected due to the sole fact of its creation. Therefore, registration is declaratory, not constituent.
The advantages offered by registering with the Register are that it provides qualified proof that the rights registered exist and belong to their holder, except in the case where the opposite is proven, and publicity is given to the rights registered.
Safe Creative is a private register of contents on digital media.
For authors, registering their work with Safe Creative is the proof of authorship of a register with irrefutable technological guarantees: deposit of the work, registration of multiple digital imprints and double time stamping; for the users of the works it provides certainty about the license and permitted uses.
Since registration with a public register is not compulsory in order to acquire intellectual property rights or to obtain the protection that the law provides to authors and other intellectual property rights holders, registering the material in a private register, as in the case of Safe Creative, offers evidence of authorship. The essential purpose of registration is to be able to show that a work has been created before that of a third person for the purposes of proving its originality.
To this effect, users can register their works using the service and leave a record of their authorship and intellectual property rights, since the aim of all of this is to provide a mechanism of proof in the event of cases of plagiarism or improper use of works of intellectual property.
Legal deposit is the obligation for printers and publishers to deposit copies of all of their publications of all types disseminated on any medium with the aim of collecting and preserving all the production published in Spain and enable access to it. Authors who self-publish their works also have this obligation.
An infringement is committed if the obligation of legal deposit is not fulfilled. The following are infringements:
The publication of a work without having applied for the legal deposit number.
The publication of a work with a false or incomplete legal deposit number.
The fact of not having provided the copies.
The fact of not informing the legal deposit office of the postponement or cancellation of a publication.
Although legal deposit is not a system for protecting intellectual property rights as such, it does allow a work to be identified.
ISBN (International Standard Book Number)
The ISBN is a unique numerical identifier created for every book, based on a standardized combination of numbers that indicate a country or original language code, the publisher, the number of the article and check digits, which permits the identification of any book and the use of IT tools to locate it.
The ISBN is allocated by the Spanish ISBN Agency to publishers or authors who self-publish the works.
ISSN (International Standard Serial Number)
The ISSN is an internationally recognized numerical code for the identification of serial publications (journals, yearbooks, newsletters, collections of dossiers, etc.).
The National ISSN Centre of the country of publication is responsible for allocating this number. In Spain, it is based in the National Library.
When a journal is published in paper and electronic format, a different ISSN number is allocated for each format.
- Identifiers of works in print format:
ISBN (International Standard Book Number
ISSN (International Standard Serial Number)
NIPO (Official Publication Identification Number)
ISAN (International Standard Audiovisual Number)
ISMN (International Standard Music Number)
ISRC (International Standard Recording Code)
ISWC (International Standard Work Code)
- Identifiers of works in digital format:
HANDLE and DOI