Author: Ricardo López Alzaga
Movies and IP: Who has the last word on an audiovisual work?
Producing an audiovisual work is a complex process involving many people and can lead to numerous conflicts. However, Spanish law provides that it is up to the director and producer to decide on how it is ultimately released for public viewing. In the audiovisual industry, it is known as final cut privilege, i.e. the right […]
‘Hot news’: can news be protected?
Exclusives, scoops, breaking news… Being the first to inform is undoubtedly important for the media. However, once a news item has been disclosed it can lose all its value: is it possible to prevent a third party from reporting on those same events? Observations on the value of information abound. The most popular is that […]
A blow to image rights?: the Supreme Court rules on the protection of the personality rights of deceased celebrities
The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. A judgment by the Supreme Court (Civil Chamber) of June 16, 2022 (see […]
Cut! There’s a trademark there
Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. However, there are still some grey areas clouding this issue. It is common practice in the audiovisual world […]
Final act: will the Supreme Court lend bullfighting a helping hand?
For many, bullfighting is an art, but this does not necessarily mean that a bullfight is a work in which the bullfighter holds a copyright: the Supreme Court is to decide whether a bullfight can be an original work and is therefore protectable by copyright. The Supreme Court has ruled on the copyright protection of […]
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 […]