Verified as of 27 September 2026.
A collector buys a work and, months later, it turns up on T-shirts, on a book cover or in a hotel campaign. Were they entitled to do that? In Spain, buying the physical copy does not on its own transfer the exploitation rights. This guide explains the difference and what a contract should specify when the artist does want to authorise a use. It is not legal advice.
The object and the work are not the same thing
The Intellectual Property Act distinguishes the intellectual work from the medium in which it is embodied: canvas, paper, bronze or file. Article 3.1 declares ownership of the medium and copyright to be compatible and independent. Article 56 adds that whoever acquires ownership of the medium does not, by that fact alone, obtain any exploitation rights over the work.
Whoever buys a painting may possess it, keep it, give it away, sell it or transfer it under the rules that apply to the object. Being the owner does not, on its own, allow them to reproduce the image, make copies, authorise an edition, use it in advertising, adapt it or exploit it online. Those acts may affect the exclusive rights of reproduction, distribution, communication to the public or transformation.
The specific answer also depends on the statutory limits, the public domain and any authorisations already granted. That is why it is more accurate to say that the purchase does not on its own transfer the rights than to claim that no use can ever be made without permission.
The public exhibition exception
The owner of the original of a work of visual art or a photographic work may exhibit it publicly even if the work has not been disclosed, unless the author expressly excluded this right when selling the original. The author may object when the work is exhibited in conditions that harm their honour or professional reputation.
This right to exhibit is not a general licence. It does not in itself authorise reproducing the work on posters, in catalogues, on social media, in broadcasts or on products. Each use must be assessed under the law and the contract.
Moral rights
The moral rights in Article 14 cannot be waived or transferred. Among others, they include deciding whether and how the work is disclosed, requiring recognition of authorship, requiring respect for the integrity of the work, modifying it while respecting rights acquired by others and withdrawing it from circulation under the legal conditions.
Not all of them operate without limits or last in the same way after death. Nor do they mean that the author keeps physical ownership of the copy sold. They do, however, prevent an assignment of exploitation rights from erasing authorship or allowing any alteration outside the law.
If you decide to assign or license rights
This may be needed for a catalogue, a book, a campaign, a commercial collaboration or an edition. The law sets out several safeguards.
In writing
The assignment must be made in writing. If, after a formal demand, the assignee refuses to put it in writing, the author may choose to terminate the contract. For significant uses, do not rely on vague commissions, invoices that say nothing or informal exchanges.
Specific rights and forms of exploitation
The contract must identify the rights concerned and the forms of exploitation. Authorising a reproduction in a catalogue does not automatically authorise posters, products, advertising, social media or sublicences.
If the contract does not expressly mention the forms of exploitation, its scope is limited to those essential to fulfil its purpose. If it sets no duration, the transfer is limited to five years. If it sets no territory, it is limited to the country where it takes place.
No open-ended assignments
An assignment of exploitation rights over all the works the author may create in the future is void. So are clauses in which the author undertakes not to create and any transfer of rights over forms of use or means of dissemination that do not exist or are unknown when the contract is made.
This does not prevent contracting for a specific future work or for sufficiently defined commissions. The prohibition applies to a global, open-ended assignment of all future output.
Exclusive or non-exclusive
An exclusive assignment must be granted expressly. It allows the assignee to exploit the work to the exclusion of anyone else and, unless otherwise agreed, of the assignor within the scope granted. It also empowers the assignee to grant non-exclusive authorisations and to take action against infringements under the terms of the law.
In a non-exclusive assignment, the author may grant the same use to third parties, subject to any agreed limits. The contract must state whether sublicensing is allowed, to whom and for what purpose.
Remuneration
The general rule is a proportional share of the income from exploitation. A lump sum is allowed in the cases provided for by law, including when income is hard to determine or verify, when the cost of calculating it would be disproportionate, when the contribution is not essential or in certain publications.
Writing that there is a fixed fee does not settle every situation. Define the basis of calculation, statements, taxes, deductible expenses, advances and the right to information. The law also provides mechanisms for review or additional remuneration in certain cases of disproportion.
What the contract should say
- The work or works, identified by title, date, technique, dimensions and inventory number, if there is one.
- The specific rights: reproduction, distribution, communication to the public or transformation.
- Forms of exploitation, media, formats and purpose.
- Number of copies or scope of the campaign, if it can be determined.
- Duration and territory.
- Exclusivity or non-exclusivity.
- Whether sublicensing is allowed and on what terms.
- Remuneration, statement schedule and the information the author will receive.
- How the authorship credit will appear.
- How modifications, crops and adaptations are handled.
- Delivery and return of files, proofs, or media.
- Warranties, liability, and termination of the contract.
A credit clause helps to specify the form of attribution, but it does not replace the moral right to be recognised as the author.
Sale, certificate and invoice
The invoice, certificate or contract of sale should record that ownership of the copy described is transferred but not the exploitation rights, except for any expressly granted in a written document.
A short wording might be:
The transfer of ownership of the physical copy does not include the assignment of any exploitation rights over the work. Any reproduction, distribution, communication to the public or transformation will require the prior written authorisation of the rightholder, without prejudice to the limits and rights recognised by law.
The clause reduces misunderstandings, but it does not replace a specific contract when a licence is granted.
Galleries, museums and collecting societies
A gallery or museum holding a work does not mean it can reproduce it freely. Exhibiting the original, documentary photography, the catalogue, the website, social media and commercial products are different uses and may require different legal bases.
When a collecting society such as VEGAP represents the rightholder for certain uses, the licence is handled under its repertoire, tariffs and conditions. The resale right is a separate matter and should not be confused with authorisation to reproduce the work.
On the open conversation
This guide explains the separation between ownership of the copy and copyright, as well as the general rules on transfer set out in the Intellectual Property Act. It does not replace the review of a specific contract. It complements the guides on the resale right and on invoicing artworks.
Sources
- Royal Legislative Decree 1/1996 of 12 April, consolidated text of the Intellectual Property Act, arts. 3, 14, 17 to 21, 43 to 50 and 56.
- BOE Intellectual Property Code, edition updated to 31 July 2026.