In a somewhat surprising move, on 12 July 2011 the lower house of the Spanish Parliament urged the Government to abolish the so-called “canon digital” (the private copying levy on digital media) and replace it by a “less arbitrary and indiscriminate system” that provide rightsholders with a “fair and equitable remuneration based on the effective use of works and services”.

This non-legislative proposal was presented by the main opposition party (Partido Popular) and was accepted by an overwhelming majority, including the party supporting the current government (Partido Socialista Obrero Español). Given its non-legislative character, this proposal does not provide any information on the actual ingredients of the new “formula” meant to replace the current system of private copying levies. Therefore, the uncertainty regarding the fate of the remuneration for private copying in Spain remains unresolved until more concrete proposals are made.

The compensation for private copying is such a burning issue that the European Audiovisual Observatory has decided to make it the subject of an IRIS plus entitled “Who Pays for Private Copying?”. More information about this publication can be found at:


Kluwer IP Law
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