Spain: The Provincial Court of Madrid examines a dispute over copyright regarding the broadcasting and marketing of a television programme
The Provincial Court of Madrid resolved a dispute between a former programme presenter and two audiovisual production companies regarding the broadcasting of the television programme and the subsequent sale of a DVD containing its episodes. The claimant argued that this commercial exploitation infringed on the rights they claimed to hold and that they had to share the generated revenues. However, the court upheld the first-instance court’s decision, considering that the content did not constitute an original creation worthy of protection and that the presenter did not meet the legal requirements to be recognised as an author or performer for intellectual property purposes.
Key points:
- Non-original nature of the programme: the Court considered that the programme was an authorised adaptation of a previous format and, therefore, did not reach the level of creativity required to be considered an original work deserving of protection.
- Professional role of the presenter: it was determined that the actor, hired through an employment relationship, could not claim the status of creator or performing artist, which excluded them from the right to claim copyright over the audiovisual product.
- Scope of the contractual assignment: the presenter’s contract included a “broad assignment of rights related to their participation and image,” as well as stipulating that they would only be entitled to a percentage of the profits if the production company in question directly exploited derivative products, a point that the court did not consider proved.
- Exploitation by third parties (DVD release): the subsequent release of the content by another producer was not classified as an infringement, as the claimant had no intellectual property rights over the programme nor an automatic right to share in the profits.
- Affirmation of the initial ruling: the Court affirmed the assessment made by Commercial Court No. 13, confirming that the presenter had no copyright over the programme and that, consequently, the exploitation carried out did not create any obligation to pay compensation.
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Article written by the TMT department of ECIJA Madrid.
