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Royal Legislative Decree 1/1996 of 12 April, approving the revised text of the Law on Intellectual Property, regularizing, clarifying and harmonizing the existing legislation on the subject.

Ministerio de Cultura

Culture Ministry
BOE-A-1996-8930
www.boe.es/diario_boe/txt.php?id=BOE-A-1996-8930

Single article. Object of the standard.

The revised text of the Law on Intellectual Property, regularizing,
clarifying and harmonizing the existing legislation on the subject, annexed to this Royal Legislative Decree.

CHAPTER III
SECTION 2. OPERATING RIGHTS

Article 17. Exclusive Right of exploitation and its modalities.

The author has the exclusive exercise of the rights to exploit his work in any form and in particular the rights of reproduction, distribution, public communication and conversion which can not be exercised without his permission except in cases provided for in the this Act.

Article 18. Playback.

Reproduction means the fixation of the work in a medium which enables communication and obtaining copies of all or part of it.

Article 19. Distribution.

1. Distribution means the making available to the public the original or copies of the work by sale, rental, lending or otherwise.
2. When the distribution is made by sale, within the European Union, this right is extinguished with the first and only in respect of successive sales effected within the area by the holder or with his consent.
3. Rental means the provision of originals and copies of a work for use for a limited time with a direct or indirect economic or commercial advantage.
Excluded from the concept of rental making available for the purposes of exhibition, public communication from phonograms or audiovisual recordings, including fragments of some and others, and that is made for on-site consultation.
4. Lending means the provision of originals and copies of a work for use for a limited time without direct or indirect economic or commercial advantage, provided that such borrowing takes place through establishments accessible to the public.
It is understood that there is no direct or indirect economic or commercial benefit when the lending effected by an establishment accessible to the public gives rise to payment of an amount not to exceed what is necessary to cover its operating expenses. Excluded from the concept of lending operations referred to in the second paragraph of paragraph 3 above and those effected between establishments accessible to the public.
5. The provisions of this Article relating to rental and lending shall not apply to buildings or to works of applied art.

Article 20. Public Communication.

1. Public communication shall mean any act by which a plurality of persons can have access to the work without prior distribution of copies to each of them.
Not be considered public communication when held within a strictly domestic location which is not integrated or connected to a distribution network of any kind.

2. In particular, acts of public communication are:

a) stage performances, recitations, dissertations and public performances of dramatic, dramatic-musical, literary and musical works by any means or process.

b) the public projection or display of cinematographic works and other audiovisual.

c) the transmission of any work by broadcasting or by any other means serving for the wireless dissemination of signs, sounds or images. The concept of transmission includes the production of program-carrying signals to a satellite where the reception thereof by the public is only possible through entity other than the source.

d) The broadcasting or communication to the public by satellite of any work, that is, the act of introducing, under the control and responsibility of the broadcasting organization, the program-carrying signals intended for reception by the public into an uninterrupted chain of communication leading to the satellite and down to earth. Normal technical procedures relating to program-carrying signals are not considered interruptions of the communication chain.

When the program-carrying signals are emitted in coded then there is communication to the public by satellite on condition that they are made available to the public by the broadcasting, or with his consent, means for decrypting entity.

For the purposes of the provisions of the preceding two paragraphs, the term satellite anyone operating in frequency bands reserved by telecommunications legislation to the dissemination of signals for reception by the public or non-public individual communication, provided that, in the latter case, the circumstances in which takes individual reception signals are comparable to those applied in the first case.

e) The transmission of any works to the public by wire, cable, optic fiber or other comparable means, whether free or by subscription.

f) The retransmission, by any means mentioned in the preceding paragraphs and entity other than the source of the broadcast.

It means cable retransmission simultaneous, unaltered and unabridged retransmission by cable or microwave emissions or initial transmissions, including by satellite, of broadcast or televised programs intended for reception by the public programs.

g) the emission or transmission, accessible to the public by any appropriate apparatus, the broadcast work.

h) the public display of works of art or reproductions.

i) public access to computer data bases by telecommunication where they incorporate or constitute protected works.

3. Communication to the public by satellite on the territory of the European Union shall be governed by the following provisions:

a) The communication to the public by satellite occurs solely in the Member State of the European Union, under the control and responsibility of the broadcasting organization, the program-carrying signals are introduced into an uninterrupted chain of communication to which it refers paragraph d) of paragraph 2 of this article.

b) When the communication to the public by satellite occurs in the territory of a country outside the European Union where there is the level of protection for the system of communication to the public established in this paragraph 3 State shall be taken into account:

1st If the program-carrying signal is sent to the satellite from an uplink station situated in a Member State shall be deemed to public communication satellite has occurred in that Member State. In this case, the rights established in relation to satellite broadcasting may be exercised against the person who operates the station that emits the upward signal.

2nd If an uplink station situated in a Member State but a broadcasting entity established in a Member State has commissioned the satellite broadcast, the act is deemed to have occurred in the Member State is not used in the broadcasting organization has its principal establishment. In this case, the rights established in relation to satellite broadcasting may be exercised against the broadcasting organization.

c) communication to the public by satellite authorized by a co-producer will require prior authorization from the other co-producers who could prejudice for reasons of linguistic exclusivity or similar if the work consists merely of images.

4. The retransmission by cable defined in the second subparagraph 2-f) of this article, within the territory of the European Union, shall be governed by the following provisions:

a) The retransmission on Spanish territory of emissions, satellite broadcasts or initial transmissions of programs from other Member States of the European Union will be held, with regard to copyright, in accordance with the provisions of this Act and as set out in the contract, individual or collective agreements, signed between rights holders and cable broadcasting companies.

b) The right to the owners of copyright to authorize cable distribution shall be exercised exclusively through an entity management of intellectual property rights.

c) For shareholders who have not transferred the management of his rights to a rights management of intellectual property, they will be effective through the entity which manages rights of the same category.

When there are two more than one entity management rights in the category concerned, the owners may entrust the management thereof to any of the entities.

Holders to this paragraph c refers) shall enjoy the rights and be subject to the obligations under the agreement between the company cable broadcasting and the entity in which they have delegated consider the management of their rights on an equal conditions with rights holders who have entrusted the management thereof to such an entity. It also may claim to the management entity referred to in the preceding paragraphs of this paragraph c), rights within three years from the date on which cable broadcast the protected work.

d) When the rightholder authorizes broadcast, satellite broadcasting or transmission on Spanish territory of a protected work is presumed to agree not to exercise, individually, their rights, if any, retransmission by cable the same, but to exercise them under the provisions of this paragraph 4.

e) The provisions of paragraphs b), c) and d) of this section 4 shall not apply to the rights exercised by broadcasters regarding their own emissions, satellite broadcasts or transmissions, regardless of whether those rights are own or have been transferred by other owners of copyright.

f) When, for lack of agreement between the parties, it is not possible to enter into a contract for the authorization of cable retransmission, the parties may have access, through mediation, the Mediation and Arbitration Commission on Intellectual Property.

It shall apply to the mediation provided in the preceding paragraph the provisions of Article 153 of this Law and Royal Decree implementing that provision.

g) When any of the parties abuses its negotiating position to prevent the initiation or continuation of good faith negotiations for authorizing retransmission by cable or obstructs, without valid justification, negotiations or mediation to be referred to above, the provisions shall apply in Title I, chapter I, of Law 16/1989 of 17 July, Defense of Competition.

Article 21. Transformation.

1. The transformation of the work includes its translation, adaptation and any other changes in form from which a different work is derived.
2. intellectual property rights of the work resulting from the transformation correspond to the author of the latter, without prejudice to the rights of the author of the preexisting work.

Article 22 chosen collections or complete works.

The assignment of the rights to exploit their works not prevent the author from publishing them together in a selection or complete collection.

Article 23. Independence of rights.

The exploitation rights provided in this section are independent of each other.

 

TITLE III
Limit

CHAPTER II

Límit

Article 31. Reproduction without authorization.

Works already disclosed may be reproduced without permission of the author in the following cases:
Consequently 1st or evidence in a judicial or administrative proceeding.
2nd For private use of the copyist, subject to the provisions of Articles 25 and 99) of this Law, provided that the copy is not collective or for profit.
3rd For private use of blind people, provided the reproduction is made using the Braille system or another specific procedure and that the copies are not lucrative use.

Article 32. Appointments and reviews.

It is lawful to include in a work of fragments of other, different works in written, audio or audiovisual, as well as isolated works of plastic character, figurative or other photographic, provided that the works have already been disclosed and that their inclusion is to way of quotation or for analysis, comment or critical judgment. Such use may only be made for teaching or research purposes to the extent justified by the purpose of the incorporation, and the source and the name of the author of the work used.

Periodical compilations made in the form of reviews or press reviews will be considered appointments.

Article 33. Works on current issues.

1. Works and articles on current affairs broadcast by the media may be reproduced, distributed and publicly communicated by any other of the same kind, citing the source and the author if the work appeared with signature and provided that no had appeared on the original reservation of rights. All this without prejudice to his right to receive the agreed or, failing agreement remuneration, deemed equitable.

In the case of literary collaboration the appropriate authorization of the author will be necessary in any case.

2. Likewise, you may reproduce, distribute and lectures, addresses, court pleadings and other works of the same nature have been delivered in public, provided that such uses are carried out with the sole purpose of reporting on current events. This last condition shall not apply to speeches in parliamentary sessions or public corporations. In any case, the author is reserved the right to publish such works in collection.

Article 34. Use of works during current information.

Any work capable of being seen or heard during reports on current events may be reproduced, distributed and communicated publicly, but only to the extent justified by the informatory purpose.

Article 35. Use of works located on public roads.

Works permanently located in parks, streets, squares or other public thoroughfares may be reproduced, distributed and communicated freely through paintings, drawings, photographs and audiovisual procedures.

Article 36. Cable, satellite and technical recordings.

1. The authorization to issue a work includes cable transmission of the issue, as this is effected simultaneously and entirely by the original body and without exceeding the geographical area specified in the authorization.

2. In addition, the aforementioned authorization includes joining a program directed towards a satellite that allows the reception of this work through entity other than the source, when the author or his successor in title has authorized the latter body to communicate the work the public, in which case also the station of origin shall be exempt from any remuneration.

3. The transfer of the right of public communication of a work, when it is done through broadcasting, empower the broadcasting organization to record it for their own means and for its own wireless broadcasts, in order to make the one once, the authorized public communication. Further broadcasts of the works so the transfer of the right of reproduction and public communication registered is required.

4. The provisions of this Article shall be without prejudice to the provisions of Article 20 of this Law.

Article 37. Free Reproduction and Lending in certain institutions.

1. Holders of copyright may not object to reproductions of works, when they are made without gainful intent by museums, libraries, record libraries, film libraries, newspaper libraries or archives publicly owned or integrated in cultural institutions or scientific, and reproduction is effected solely for research purposes.

2. Similarly, museums, archives, libraries, newspaper libraries, record and film libraries in public ownership or belonging to entities of general interest cultural, scientific or educational non-profit, or integrated in the Spanish educational system educational institutions, they require the authorization of the holders of the rights or pay remuneration for the loans they make.

Article 38. Official acts and religious ceremonies.

The performance of musical works during official acts of the State, public bodies and religious ceremonies shall not require authorization from the holders of rights, provided that the public may attend them free and the artists in them do not collect specific remuneration for his performance in those acts.

Article 39. Spoof.

Not be considered a transformation that requires the consent of the author parody disclosed work, it involves no risk of confusion with it nor damage to the original work or its author is inferred.

Article 40. Guardianship of the right of access to culture.

If death or declaration of death of the author, its title exercise his right to non-disclosure of the work in a manner contrary to Article 44 of the Constitution, the court may order appropriate at the request of a State, the Autonomous Communities, local corporations, public cultural institutions or any other person having a legitimate interest.

Culture Ministry
BOE-A-1996-8930 | www.boe.es/diario_boe/txt.php?id=BOE-A-1996-8930

 

Jose Ignacio Belsa Lull
Jose.Ignacio.Blesa.Lull.
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