Introduction
Act 2/2019 of one March 2019 has modified the consolidated text of the Copyright Act (1/1996) of 12 April 1996 and incorporated the subsequent EU directives into the Spanish prison system:
EU Directive 2014/26/EU at the collective control of copyright and associated rights and the multi-territorial licensing of rights in musical works for online use within the internal market; and
EU Directive 2017/1564/EU on positive accredited makes use of of unique works and different issue remember protected via copyright and related rights for the gain of people who are blind, visually impaired or otherwise print disabled.
In addition to incorporating the above directives into Spanish law, this reform has:
reinforced the rights of authors and publishers (ie, the press);
delivered new regulations on the functioning of gathering societies (previously underneath-regulated) with a purpose to growth the transparency and manipulate of their operations in favour of authors; and
reinforced the rules on combating piracy.
Key amendments
New law of authors’ resale royalties for graphic and plastic works
Under the brand new Article 24 of the Copyright Act, after first promoting a photograph or plastic work, authors can obtain a percent of the resale price of stated paintings from the vendor.
Amendments to compensation for non-public copying
Under the new Article 25 of the Copyright Act, bodily or legal humans, which are not exempted from receiving reimbursement, may additionally request a repayment of repayment for private copying (in sure circumstances) inside one year.
Enhanced guidelines on accessibility to certain rights for disabled men and women
Under the brand new Article 31ter of the Copyright Act, sure rights may be used (below certain occasions) for the advantage of disabled individuals with out the rights holder’s authorisation.
Changes to use of citations and reviews for educational or scientific research functions
Under the brand new Article 32 of the Copyright Act, the replica, distribution or public conversation inside an corporation of all or part of a press article in a file have to be accepted with the aid of the author.
Regulation of independent collecting entities
Independent accumulating entities at the moment are regulated separately for the primary time below the Copyright Act. Such entities consist of:
copyright amassing societies which aren’t installed in Spain (Article 151);
entities that are dependent on a copyright amassing society (Article 152); and
independent management operators (Article 153).
Regulation of multi-territorial online tune licences
The new Articles one hundred seventy to 174 of the Copyright Act permit online tune providers to achieve, for the first time, a single licence which applies during the European Union.
Changes to law of copyright amassing societies
Strengthening of authors’ rights
Following the amendments, authors can now terminate contracts with a gathering society in entire or in component (Article 158). Further, Article 177 of the act calls for gathering societies to pay rights holders inside nine months.
Increased transparency, governance and copyright management of copyright amassing societies
An inner control unit has been created to screen copyright collection societies (Article 162). Further, gathering societies have to now produce a transparency record with detailed financial and financial control facts (Article 189) and submit on their internet site their bylaws, annual money owed, transparency reports and an stock of the copyrights which they control (Article 185).
Changes to the way in which the Copyrights Commission works
There had been a number of adjustments to the manner in which the Copyrights Commission operates. For example, it is now feasible for the Second Section of the Copyright Commission to shut down websites which use copyrighted works with out the owner’s consent without previous judicial authorisation, in which this is justified with the aid of the seriousness and the repercussions of the infringing conduct. Such actions can be appealed before the courts (Article 195.6(b)).
Comment
This reform has amended Titles IV, V and VI of the 0.33 e-book and delivered different amendments to the fourth ebook of the consolidated textual content of the Copyright Act and has effectively introduced Spanish copyright regulation into line with that of the European Union.
