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Interim injunctions against a museum

Baker & McKenzie
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Spain
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June 14 2012

Two recent decisions dated 31 October 2011 and 19 January 2012, respectively, were issued in different proceedings by the Commercial Courts of Bilbao upholding and dismissing, respectively, the preliminary injunctions requested by the Spanish collecting society managing visual artists' rights (VEGAP) against the Guggenheim Museum Foundation (the Foundation) in order to obtain the interim suspension of the making available of the works of 37 artists

Spanish IP protection regulations enter into force

Baker & McKenzie
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Spain
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May 11 2012

On 1 March 2012, the regulations passed by the Spanish government in order to implement a rapid procedure to stop online piracy came into force

Director compensated for the non-authorised inclusion of images of his documentary in a TV report

Baker & McKenzie
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Spain
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February 9 2012

The Commercial Court num. 6 of Madrid issued a judgment whereby a Spanish national TV channel and a TV production company owned by the latter, were sentenced to pay 13,370 to a German director for infringement of his intellectual property rights

Town hall sentenced to indemnify a sculptor for moral right infringement

Baker & McKenzie
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Spain
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November 30 2011

The Provincial Court of Alicante has issued a judgment holding the owner of a sculpture liable for infringement of the moral right of its sculptor

Chesterton's works are protected in Spain until 2016 or 80 years after his death

Baker & McKenzie
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Spain
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November 10 2011

On 14 July 2011, the Commercial Court nº 12 of Madrid issued a judgment clarifying the term of protection of exploitation rights for works created by deceased authors

Spanish TV channel held liable for plagiarising TV format

Baker & McKenzie
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Spain
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September 6 2011

On 14 June 2011, the Commercial Court Nº 12 of Madrid sentenced Spanish TV channel Telecinco to pay 60,000 to the state-owned broadcasting company RTVE on the grounds that the TV programme "España pregunta, Belén responde" ("Spain asks, Belén answers") is a copy of the well-known TV format "Tengo una pregunta para usted" ("I have a question for you"), of which RTVE is the exclusive licensee in Spain

Spanish authorities impose sanctions on press clipping associations

Baker & McKenzie
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Spain
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July 26 2011

On 10 May 2011, the Spanish National Competition Commission imposed several sanctions totalling an aggregate sum of 335,000 on associations of Spanish newspapers publishers and clipping companies for committing two prohibited practices under competition law

Precautionary measure adopted prohibiting broadcaster from using a particular television programme format

Baker & McKenzie
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Spain
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July 4 2011

Upon the request of Corporación Radiotelevisión Española, the Commercial Court Nº 12 of Madrid issued an injunction against Telecinco which prohibited the broadcast of any television programme with a similar format to the well-known programme "Tengo una pregunta para usted" (I have a question for you), which is owned exclusively by Corporación Radiotelevisión Española

Spanish "audiencia nacional" revokes the list of digital devices subject to the right to equitable remuneration for private copying and its tariffs

Baker & McKenzie
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Spain
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June 1 2011

The Spanish Association of Internet Users filed a claim against the Ministry of the Presidency and most of the Spanish collecting societies alleging that: (i) the Spanish Ministerial Order governing the list of digital devices subject to the right to equitable remuneration for private copying and its tariffs (Order) should be null and void, as it violates legal principles; and (ii) the invalidity of the Order should be backdated to include all payments improperly made

RTVE Financing Act remains unchanged for now

Baker & McKenzie
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Spain
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March 22 2011

In August 2009, the Spanish Government approved the Financing Act Corporation of Radio and Television (the RTVE Financing Act) which regulates the new financing of public radio and TV and includes the imposition of a contribution of 0

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