02/09/2005

Spain. Government submits a proposal to amend the Spanish Law on copyright and related rights in order to implement Directive 2001/29

The Spanish government has recently presented before the Parliament a proposal to amend the Law on copyright and related rights of 1996. The main purpose of the proposal is to implement EC Directive 2001/29. First, it clarifies the scope of the rights of reproduction - it includes digital copies -, communication to the public - it includes making available to the public on the Internet at an individually chosen time and place - and distribution - it solely applies to tangible copies of the work. Secondly, it incorporates the exceptions and limitations that are listed in Art. 5 of the Directive. As the Proposal states, most of them will apply not only to the reproduction right but in general. It is also worth mentioning that the right to compensation for private copying has been amended so that a different system will apply to analogic devices and digital devices. Finally, a new title on the regulation of the use and protection of technical measures has been introduced.

Note that the deadline for the implementation of Directive 2001/29 had already expired in December 2002.

Related Links:
Proposal to amend the Spanish Law on copyright and related rights (in Spanish)
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society

Related IPR-Helpdesk news item.
2005/05/06. European Union. Recent decisions of the Court of First Instance and the European Court of Justice related to Community Trademark and Intellectual Property Law