The latest large-scale reform of the Spanish Copyright Act was published on 5 November 2014. The key aspects of the reform are discussed here. The bulk of the opposition to the reform contends that two provisions of the Act, namely, the new regulation for private copying and the imposition of a “one-stop shop” system, breach the…
In a recent decision, the Spanish Market and Competition Commission (CNMC), imposed a fine of 3.1 million Euros on the Spanish collecting society, SGAE, for demanding an excessive fee for concert licensing. This decision is of particular interest because the Spanish competition authority has taken a new approach when interpreting the European law on the method of analysing the fairness…
On December 16, search engine giant Google started excluding stories from Spanish news media on its Google News service. The Californian internet company has taken the decision in the wake of the so-called ‘Google tax’, which forms part of the Spanish government’s new Copyright Act, due to go into force on January 1, 2015. The…
Competition and collecting societies: a special application of European legal doctrine in Spain. “It seems to utilise the previous methods in a forced manner, even though those methods had led to very different conclusions on a European level.” In a recent decision by the Spanish Market and Competition Commission (CNMC), once again penalising SGAE with…
“With respect to the current stunted reform, the new legislation once again touches on past issues that were never properly resolved, and I am afraid that this is still the case now. The first is the zombie issue of private copying and the second salient point of the reform is piracy. Other reforms regard the…
“A clear intention to solve some of the most disturbing problems in Spanish IP.” On February 14th, the Spanish Government approved a bill to amend the law of intellectual property (TRLPI). The bill is currently in its parliamentary proceedings. It is a “patchwork” reform bill dealing with very different topics, some more necessary than others, and…
Breaking news. More than a year after Congress repealed the private copying levy, the Spanish Government agreed yesterday to begin paying taxes on blank media such as DVDs, CDs, pen drives and camera phones through a budget allotment. The Ministry of Culture would be in charged of determining each year how much should be allotted…
A greatest hits album by Spanish pop star Luz Casal is the subject of the first case to be brought before the Intellectual Property Commission, the body created by the so-called Sinde anti-downloading law, aimed at combating copyright violations on the internet. AGEDI, the collecting society that represents Spain’s phonographic producers, has filed a complaint…
By Raquel Xalabarder, Universitat Oberta de Catalunya “This ruling is very good news for the recent doctrinal attempts to bring some flexibility in the way copyright laws are being interpreted and applied. It is difficult to predict the impact that this ruling may have in successive case law, but it is certainly an important milestone…
Spain’s newly elected Partido Popular has recently implemented the controversial Regulation that develops the Intellectual Property disposition contained in the Law for Economic Sustainability (Ley de Economía Sostenible), informally known as the Sinde law (Ley Sinde), after outgoing Culture Minister Angeles Gonzalez-Sinde. The main aim of the so-called Law is to protect the owners, creators…
