Experts criticize the new Copyright Office: "It’s a duplicity"

Doubts about the effectiveness of the use of European funds remain latent among the opposition parties, as was observed in Congress during the last state of the nation debate. A scenario of uncertainty that occurs in the same week in which the Executive has made public the creation of the Copyright Office through the Recovery and Resilience Funds financed by the EU. A new organism that has become in the target of the majority of the legal experts consulted by this newspaperwho have defined it as “duplicity” and end up becoming “the place to put a buddy”.

Last Monday, the Minister of Culture and Sports, Miquel Iceta, announced after the Council of Ministers that “today we have approved the creation of the Spanish Office of Copyright and Related Rights. A commitment to the progressive coalition agreement, the Recovery Plan and, above all, an obligation to the Spanish cultural industry. It is about the creation of an autonomous body that needs to be done by law.” The minister justified this creation by “the evolution of technology, the digital market and piracy”. And he stated: “This new office will allow us to strengthen the powers of the State in intellectual property matters and add new powers.”

The newspaper La Informaci├│n has contacted law firms specializing in the area. Thus, from the office Elzaburu affirm that “in copyright, protection is not subject to formalities and the registration of the work in a registry is not mandatory (under precepts), but protestant (under testimony). Another justification would have to be found for a public body such as the one proposed“. On the other hand, they warn that “an adequate integration of bodies, a correct structure, that does not alter the rules of the game and a significant financial endowment” would be necessary so that said office is not “one more bureaucracy for the creators”.

From the law firm Brecovitz affirm that “it is a very nice name, but it is not known what they are going to want to do with it, because in Spain there is already an Intellectual Property Commission -attached to the Ministry of Culture and Sports- which is in charge through its two sections of seek settlement, mediation and arbitration and also facilitate, for example, the blocking of pirate websites.We believe that by political topics it seeks to give relevance to copyright, but the Ministry was already dealing with all these issues before the new office was created”.

On the other hand, other specialist sources on the subject give France as an example. “Intellectual and industrial property are not divided there and they have not created a new body specialized only in copyright, but this is within a subdivision of the National Institute of Industrial Property (INPI)”. In addition, they emphasize that the creation of new public bodies always entails “more bureaucracy” and personal “plugged in”.

The same expert sources in the sector downplay the role of the new office since other organizations in the country, such as the Higher Council for Scientific Research (CSIC), deposit their scientific publications under a notary. Finally, they maintain that “literary works are not protected by a patent – as is the case with trademarks or designs – since they do not need to be registered. It is a right that does not need to be registered because the author already has itwhich lasts his whole life plus the seventy years after his death”.