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Industrial Copyright

Some audiovisual works include elements that may be registered as a brand, in accordance with the regulations established by the Brands Law: titles, slogans, logotypes or even names, phrases or forms of certain characters. It all depends on the kind of production (animation, advertising, cinema) and the production companies’ corresponding marketing plans. Each product should be registered in the Spanish Office of Patents and Brands, within the corresponding category. Applications may be made directly by the interested party or by means of an official Industrial Copyright agent. It is important to remember that in the case of industrial copyright, the right is derived from registration: if the author does not register, he has no rights. It is therefore advisable to analyse, in each particular case, the elements that may be protected by the Brands Law.

In recent times an advertising technique called product placement has become popular in financing feature films. This consists in including a certain product, service or brand within the setting where the action takes place. The product may play a more or less active role in the plot, even interacting with the characters on some occasions. Employing this controversial option requires express authorisation in writing from the owner of the product and the producer of the audiovisual project.