How long is a work protected by intellectual property law in a business context?

 

In business, especially among SMEs, the creation of original content is part of a company’s strategic value. Logos, videos, software, catalogs, designs, or corporate photography are all assets that must be managed with legal precision. Yet many companies are unaware of how long these creations are protected by intellectual property law or the legal risks of using them improperly.

Here’s a breakdown of the different types of rights and their protection periods.

Moral rights: authorship never expires

Moral rights ensure that the author is recognized and that their work cannot be altered without consent. These rights are non-transferable and remain even if the company paid for the creation.

Duration: the author’s entire lifetime, and afterward, they pass to their heirs with no time limit.

Hiring an external creator does not automatically give the company moral rights over the work.

Exploitation rights: commercial use is time-limited

These rights allow for the commercial use of the work: reproduction, distribution, transformation, or public communication.

Common business examples include:

• Technical manuals

• Custom-developed software or applications

• Corporate photography

• Promotional audiovisual material

Duration:

• Author’s lifetime + 70 years

• If the author died before December 7, 1987: 80 years

Tip for SMEs: Always sign contracts that explicitly assign exploitation rights. Otherwise, your company may not legally be allowed to use the work commercially.

Related rights: artists, producers and media

If your company produces audiovisual or musical content, take into account additional rights:

• Performers: 50 years

• Music producers: 70 years from publication

• Press publishers (digital content): 2 years

What happens when rights expire?

Once protection ends, the work enters the public domain. This means it can be freely used by anyone, even for commercial purposes, as long as authorship is respected and the work’s integrity is preserved.

At Valero Tax Legal, we help companies manage and protect their creative assets and avoid legal risks related to intellectual property use.