Verified on 30 October 2026. Should any information have changed, notify me and I shall update it with the date of the amendment.
A comic is rarely the work of a single individual: it involves scripting, illustration, colouring, lettering, and editing, and a fanzine often brings together multiple authors. This guide explains the provisions of the Intellectual Property Act regarding works created by multiple parties, the decisions that must be formalised in writing, and provides a model agreement. It is intended for individuals aged 16 to 30; if any participant is a minor, please consult Selling your illustrations as a minor. This is information, not legal advice.
Collaboration, co-authorship, and commission
- Collaboration. Multiple individuals create a work together, such as a comic with a script and illustrations. Rights are held by all parties.
- Commission. An individual pays another for a specific piece, such as a cover, and both parties agree upon the terms of use. This is addressed in First illustration commission.
- Collective work. An individual or entity coordinates and publishes the contributions of several others under their own name, which are then merged into a single creation.
The nomenclature employed does not determine the legal classification; the manner in which the work was produced is what is significant.
The legislation
The Intellectual Property Act regulates these categories in articles 7, 8, and 9.
Article 7. Work in collaboration.
1. Rights to a work that is the unitary result of the collaboration of several authors belong to all of them.
2. To disclose and modify the work, the consent of all co-authors is required. In the absence of an agreement, the Judge shall resolve the matter.
Once a work has been disclosed, no co-author may unreasonably withhold their consent for its exploitation in the manner in which it was disclosed.
3. Subject to what has been agreed between the co-authors of the collaborative work, they may exploit their contributions separately, provided this does not prejudice the common exploitation.
4. Intellectual property rights over a collaborative work belong to all authors in the proportion they determine. In matters not provided for in this Act, the rules established in the Civil Code for community of property shall apply to these works.
Article 8. Collective work. A collective work is considered to be one created by the initiative and under the coordination of a natural or legal person who edits and discloses it under their name and is constituted by the gathering of contributions from different authors whose personal contribution merges into a unique and autonomous creation, for which it was conceived, without it being possible to separately attribute to any of them a right over the whole of the work produced. It further adds: Unless otherwise agreed, the rights over the collective work shall belong to the person who edits and discloses it under their name.
Article 9. Composite and independent work. A composite work is a new work that incorporates a pre-existing work without the collaboration of the author of the latter, without prejudice to their rights and their necessary authorisation. A work that constitutes an autonomous creation is independent, even if published together with others.
Application to a comic or fanzine
In my view, a comic produced by a writer and an artist, intended as a unitary result, fits within the collaborative work definition of Article 7. The law does not state this explicitly for comics, and I have not located case law to confirm it.
If this is the case, the most practical consequence of Article 7 is this: to disclose or modify the work, the consent of all co-authors is required, and in the absence of agreement, a judge decides. Once disclosed, no one may unjustifiably withhold their consent for its exploitation in the manner in which it was disclosed.
A fanzine with a person who coordinates and publishes under their name the pieces of others may fit the collective work definition of Article 8, or be a collection of independent works under Article 9. It depends on how it was produced. This interpretation is also my own.
The law does not regulate the distribution of income, expenses, editorial decisions, or the withdrawal of a participant. These matters are determined by the agreement; in the absence thereof, the rules of the Civil Code regarding community of property, as cited in Article 7.4, shall apply.
Decisions in writing
This is my own list, not a statutory requirement.
- Roles and contributions. Who is responsible for the script, illustration, colouring, lettering, and editing.
- Ownership of characters and universe. If someone contributes pre-existing characters or a world, who retains them if the project ends. If a participant contributes a pre-existing work, this is the scenario covered by Article 9.
- Proportion of rights. Article 7.4 permits co-authors to determine the proportion themselves.
- Income and expenses. How they are distributed, who advances the printing costs, and when settlement occurs.
- Editorial decisions. Who determines the title, cover, publisher, or platform, and whether by majority or unanimity.
- Amendments. Who approves modifications to the text or the illustrations.
- Portfolio. Whether each individual may display individual pages in their portfolio and the manner in which they may do so, in light of Article 7.3.
- Withdrawal of a participant. The consequences for their share and the material already produced.
- Publication. Digital, print, re-editions, and translations; consult Comic publishing contract if a publisher is involved.
- Archive. Who retains the originals and the working files.
- Project conclusion. How the project is deemed complete and the status of the rights.
If a participant is a minor
A minor requires representation by their parents or guardians to enter into a contract, except in cases permitted by law, with the limits set by Articles 162 and 1263 of the Civil Code and Article 44 of the Intellectual Property Act. This is explained in Selling your illustrations as a minor. An agreement involving a minor should also be signed by their representative.
Model agreement
This is an example of my own, not a legal document. Adapt it accordingly and, should the project possess economic value, have it reviewed.
Agreement between [names and details of participants] to create [project title].
- Contributions: [name] provides [script]; [name] provides [illustration]; [name] provides [colouring/lettering/editing].
- Authorship: the participants shall be credited as authors of the work in the order [order] and with the mention [mention].
- Proportion of rights: [percentage] for each individual.
- Characters and universe: [who contributes what and the consequences if the project is dissolved].
- Expenses and income: to be distributed [method]. [Name] advances [expense] and recovers it [method].
- Decisions: editorial decisions shall be taken by [majority/unanimity]. Modifications to the text or illustrations require the approval of [who].
- Portfolio use: each person may display [pages/extracts] with attribution to the complete work.
- Withdrawal: should a person leave the project, [consequences for their share and their material].
- Publication: [digital/print/reprints].
- Archive: [who retains the originals].
- Project conclusion: [how and when it ends].
Signatures, date, and location.
Points requiring clarification
- Case law regarding co-authorship in comics, between writer and artist.
- How Article 9 applies when a participant contributes pre-existing characters.
- How a fanzine and its contributors fit into Article 8 or Article 9.
Itineraries
I am starting my practice
Before commencing a collaborative project, document who is responsible for what and how rights are distributed. This is the most effective way to avoid conflict.
I am going to sell or exhibit
Prior to selling or presenting the work to a publisher, verify that all co-authors consent to the disclosure and confirm the percentage allocated to each party.
An open conversation
This guide contains three articles and a model agreement. If you work in intellectual property or comic publishing and can provide case law or a standard clause, you may write to me.
Sources
- Intellectual Property Act, consolidated text (BOE), arts. 7, 8, and 9.
- Intellectual Property Act, arts. 43 to 48 and 58 (BOE).
- Civil Code (BOE), arts. 162 and 1263.