Act 21/2014, of November 4, amending the restated text of the Intellectual Property Act, approved by Royal Legislative Decree 1/1996, of April 12, and Civil Procedure Act 1/2000, of January 7

BOE 268, November 5, 2014

This act incorporates Directives EU 2011/77 and EU 2012/28 into Spanish legislation, amending several limits to copyright, redefining the concept of “private copying” (for private or teaching and research purposes), and limiting the use of fragments of works on the part of news aggregation service providers (Google Tax), among others.

Regarding copyright, the aim is to guarantee that artists, performers and producers of phonograms receive, at least during their lifetime, all revenue from the exclusive rights relating to reproduction and availability to the public. The act increases protection for phonogram recordings and performances from 50 to 70 years.

Regarding private copying, this does not refer to (i) reproductions of works rented legally or the streaming of works, or (ii) reproductions of works made available to the public on the internet, and reproductions of databases and computer programs.

The act also regulates the Google Tax, levying the activity of news article aggregators operating online with a right in favor of specific holders of intellectual property rights. It imposes a new duty on content aggregators to pay owners of “periodical publications” and “periodically updated websites” for making available on the internet “non-significant fragments” of their content.