Global Intellectual Property
Reform of the Intellectual Property Act
On January 1, 2015, Law 21/2014, of November 4, which amends the
Revised Text of the Intellectual Property Act, approved by Legislative Royal
Decree 1 /1996, of April 12, will come into effect. The reform concentrates
mainly on the following:
Review of the system of private copies: The exception of private
copy has been limited to those reproductions by an individual for
his/her private use, without commercial purposes, of works accessed
through the purchase of the supports containing legal reproductions
of the work (CDs, DVDs, or others) or through acts of legitimate public
communication, such as television and radio broadcasts, excluding
recording without authorization, in establishments or public places
which show them. The fair compensation for a private copy is paid
by the General Budget.
New mechanisms for the supervision of the collecting societies:
amongst others (i) the catalogue of the collecting societies
obligations is regulated in greater detail; (ii) a one-stop shop system
is established for collecting, invoicing and payment; (iii) infractions
(and the related sanctions) by the collecting societies will be pursued
as administrative liability.
Changes regarding the procedure to safeguard the digital
environment: amongst others, (i) an administrative procedure may
be initiated against web sites offering classified lists of links to
protected works, facilitating location of the works, beyond mere
technical intermediation; (ii) companies advertising on web sites
that contain infringing material may be required to remove their ads,
and companies offering electronic payment services may be asked
to interrupt their service with respect to such web sites; and
(iii) administrative sanctions can reach up to € 600,000 for
very serious infringements.
Introduction of the so-called "Google Tax": A fee is established
for electronic aggregation service providers (such as Google News)
in the event these service providers make available to the public
non material fragments of contents which are divulged in periodic
publications or on periodically updated web sites providing news,
public opinion, or entertainment.
For further information please
+34 93 206 08 67
2 Intellectual Property Client Alert December 2014
Use of works for educational purposes or scientific research:
the use of small fragments of a work (understood as extracts or portions representing very little of the total work) or individual art works or figurative photography is allowed to illustrate the relevant lesson or research, including digital environments for distance education. However, it is established that authors or publishers shall have the right to receive fair remuneration for use of more relevant parts of the work, such as a chapter of a book or an article in
Transposition of the following Community Directives: Directive 2011/77/EC, which amended Directive 2006/116/EC, on the deadline for the protection of a copyright and certain related rights, and Directive 2012/28/EC, on certain authorized uses of "orphan" works.
This new law establishes that within one year after it comes into effect, the preliminary work on the total reform of the Copyright Act must begin.
The current amendment only considers certain aspects which needed
urgent reform. This has raised numerous criticisms since the current reform will very probably be revised and modified again in the next reform of the Copyright Act.
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