Debate over television series based on real events: “Biopics” and honor, privacy and publicity rights

Following the debate that has arisen with the famous series The Crown, the British culture secretary has proposed that a warning be added to clarify that it is a fictional series based on historic events. This poses a few interesting questions: Is it necessary to obtain consent from the people involved to make a series […]

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Atresmedia versus AGEDI-AIE: Are artists and their labels entitled to equitable remuneration for the use of their music on television?

The Court of Justice of the European Union (CJEU) has ruled that artists and their record labels are not entitled to charge equitable remuneration for the communication to the public of synchronized songs incorporated in audiovisual works. The judgement of November 18, 2020 (case C-147/19) has curbed the intentions of the Spanish collecting societies AGEDI […]

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Imitations and image rights: You look familiar?

Attention comedians! Imitations of famous personalities, although common practice in the audiovisual market can create problems from the standpoint of image rights. Encarna de noche, by Martes y Trece, the unforgettable characters in Homo Zapping, the Guignols, or internationally, Saturday Night Live sketches, are just a few examples of imitations of well-known characters that form […]

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Literature in film: the right to transformation, inspiration or parody?

With the current boom in Spain’s audiovisual industry, we look at film adaptations of literary works and the right to transformation enshrined in Spanish intellectual property law. It is an issue that is by no means free from controversy and has, on occasion, even led to moral damages being awarded to an author when it […]

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Culture after COVID: four visions for four industries

The arts is one of the industries that has been hardest hit by the crisis. The Government has approved a Royal Decree-Law to offset the impact of the pandemic on the cultural industries, but limits on capacity and number of people will mark a before and after. What changes will each of the industries comprising the […]

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