Community Property Ownership of Copyrights: Rosado Muñoz v. Acevedo Marrero 2016 TSPR 236. Julio Rosado Del Valle’s widow and his children had a long judicial dispute over the former’s rights with respect to many of Rosado Del Valle’s paintings.
In a most important opinion, our Supreme Court announced that the tangible artwork of an artist, the moral and economic rights over it, all belong exclusively to the artist, even if he or she is married under a community property regime. Those rights, the Court said, are of a uniquely personal nature, and are therefore not part of the community property. However, if the artist derives pecuniary benefit from the artwork or signs a contract to that effect while married, the realized economic value belongs to the marital community property.
It is noteworthy that the High Court was willing to depart from traditional notions of property—the product of a spouse’s work ordinarily belongs to the community property—and accord copyrights distinct treatment. The new norm seems to apply to any form of copyright, including that of an academic or artistic writer, songwriter, etc. responsible for some percentage of the damages, defendant won’t be responsible for that percentage.
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