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Bullfighting Not Protected By Copyright

Actualizado: may 6

#copyright #tc


The Spanish Supreme Court has decided in a recent ruling that the performance of a bullfighter cannot be subject to copyright. This sentence arises as a result of a lawsuit initiated by the bullfighter Miguel Ángel Perera Díaz against the intellectual property registry of Badajoz, which had denied him the registration of one of his performances. The bullfighter presented before this record a video of a bullfight together with a written description of it with the intention of being recognized as its author.


In the first instance, the court agreed with the registry. It considered that bullfighting, like any sport, follows a series of pre-established rules and protocols and does not have enough creative freedom to create an original work. The Supreme Court confirmed that bullfighting cannot be considered a protectable art since, while it can be original, the "work" cannot be identified clearly. This was an application of the EU Cofemel doctrine that determines anything that can be considered an "original work" can be protected by copyright.

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An extended commentary of this decision by our partner Victoria Sofía Martín has been published by the Oxford Journal of Intellectual Property Law and Practice, you can access it here.


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Esquivel & Martin Santos, Propiedad Intelectual e Industrial

www.emps.es


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