El concepto de obra audiovisual en el Derecho español

Abstract

Among the creative forms whose expression is worthy of protection by copyright, the complexity that characterizes audiovisual works, both in their gestation and in their exploitation, make them different from the majority of artistic creations. This complexity gives rise to conflicting interests that make it advisable to establish a specific regime to harmonize these and for whose application the concept of the work to be subject to is decisive. The definition given by the Spanish legislator on what is meant by "audiovisual work", notwithstanding the repercussions, is not a simple or peaceful interpretation. In the present paper we will proceed to a detailed analysis of the different points required by the law for the conformation of the audiovisual work as object of protection, paying special attention to those whose interpretation is more problematic