Law

The works of Rafael Cansinos Assens are protecting around the world by a wide range of Laws and Treaties, including:

  • Intellectual Property Law of Spain.
  • The Agreement between Spain and United States of America.
  • The Convention Establishing the World Intellectual Property Organization.
  • The Berne Convention for the Protection of Literary and Artistic Works.
  • The Universal Copyright Convention (Geneva).

The Spanish Intellectual Property Law specifies in article 26 the general rule: The commercial exploitation rights last for the life of the author and seventy years following their death or the date of their death certificate. However the same Law establishes that the commercial exploitation rights of works created by authors who died before December 7th 1987 will have the duration stated in the January 10th 1879 Law about Intellectual Property. This Law established a protection period for the works of eighty years post mortem auctoris (art. 6). Because of that the commercial exploitation rights of the works of Rafael Cansinos Assens, who died on July 6th 1964, have a duration of 80 (eighty) years and will not be in the public domain until January 1st 2045. (The Law establishes that the period begins on January 1st of the year following that in which the author died.)

The BIBLIOTECA CULTURAL MIGUEL DE CERVANTES provides wide and detailed information about the legal framework of Intellectual Property Law: www.cervantesvirtual.com