G. K. Chesterton and the Intellectual Property rights in Spain

On April 13th 2015 The High Court delivered a speech about author's post mortem protection rights.

The battle about authors rights on this occasion was led by The Royal Literacy Foundation which holds the Intelectual Copyright of the works by Gilbert Keith Chesterton better known as GK Chesterton a twentieth century English writer and journalist.

The conflict arose when Enokia SA (Valdemar) a Spanish editorial, published without permission several works by the author.  The Royal Literacy Foundation took legal proceedings against Enokia  by exercising the legal actions that correspond to action for injunction, ceasing and  actions and claims for damages.

These claims were based on the fact that author's rights are still in force in Spain and 80 years have not transpired since Chesterton's death in 1936.

Enokia defended themselves by stating that the works were of public owner ship, however The High Court pronounced in favour of The British Foundation as Chesterton died in 1936 whilst article 6 of the 1879 Spanish validity law was sill in force, "80 years after he died".

The High Court also based it's decision on the fact that when the claim was presented there governed. Royal Legislative Decree 1/1996 April 12th, of the Intelectual Ownership Law which states in it's fourth decree that "Exploitation rights of works by authors who died before 7th December 1987 will have the same margin of time as in the 10th January 1979 Law Of Intelectual Ownership".

The claimants argued that with this interpretation of the law it was not true that authors from countries in the European Union get a better deal than their Spanish counterparts would have by publishing their works under the validity of the LPI of 1989.  Through putting into effect articles 38 and 39 these works were provisionally or definitely in public control/authority.

The High Court acknowledges that there is no discriminatory treatment for national authors as the  provision 5th from Royal Legislative Decree 1/1996 of April 12th frees them of the consequences of not having their works passed to public or provisional control/authority through not registering them in the  Intellectual Property Office, without prejudicing rights aquired by third parties.

Therefore the April 13th 2015 decision analizes the series of rules and concludes that as in article 7 of The Berna Convention the works of the English author in Spain are not protected for only 50 years, but for a much longer period of time, 80 years.

With this ruling inheritors of authors who died prior to 1987 can continue enjoying their Intelectual Ownership Rights up to 80 years after their death.  Pleasing news for more than one!

Author: Carolina Sánchez Margareto