INTELLECTUAL PROPERTY

Intellectual Property FAQ: Right to Reproduction

It is understood by reproduction (art. 18 of the LPI) the fixation of a work in any medium (paper, electronic, microfit, ...) that allows the communication and the obtaining of copies of all or of a part.

Reproduction is a right excluding authors and, therefore, it can not be done without your authorization or in the cases provided for by law.

In addition to works excluded from intellectual property (art. 13 LPI ) or that are of public domain (art. 41 LPI ), The LPI It contemplates some cases in which reproductions can be made without the authorization of the author or holder of the rights.

Art 31.1
  • Acts of provisional reproduction, without independent economic significance, that are transient or accessory and that form an integral and essential part of a technological process, and whose sole purpose is to facilitate a network transmission between third parties by an intermediary, or a Licensed use (that is, authorized by the author or by law)
Art 31.2
  • For private use of the copyist, as long as the terms of art are respected. 31 LPI
  • They are private copies those carried out by a natural person exclusively for private, non-professional or business use, without any direct or indirect commercial purpose.
  • Reproduction must be made from a licensed source, without violating the conditions of access to the work or the provision, and the copy obtained must not be subject to collective or lucrative use , nor of distribution by price.
  • The publicly reported works are excluded from the private copy whose conditions of use are included in a [use license] contract, electronic databases and computer programs.
Art. 31 bis
  • Acts of reproduction, distribution or public communication of works for public security purposes or for the correct development of administrative, judicial or parliamentary procedures.
Art. 31 ter
  • Acts of reproduction, distribution and public communication of the works already disseminated when they are made for the benefit of people with disabilities, provided these acts are not lucrative, have a direct relationship with the disability in question, and are carried out through a procedure or means adapted to the disability and are limited to what is required
Art 32.1
  • Elaboration of cites only for teaching or research purposes, to the extent justified by the purpose of this incorporation and with the source indication and the name of the author of the work used.
  • The periodical compilations made in the form of reviews o press magazines they are considered citations. However, when compilations of journalistic articles are basically consisting of mere reproduction and the aforementioned activity is carried out for commercial purposes, the author who has not been expressly opposed has the right to receive equitable remuneration. In the event of express opposition by the author, this activity is not understood to be covered by this limit.
  • In any case, the reproduction, distribution or public communication, in whole or in part, of newspaper articles isolated in a press dossier that takes place within any organization will require the authorization of the rights holders.

Art. 32, sections 3-4
  • El teachers in regulated education (university and non-university) imparted in centers of the Spanish educational system and the personnel of universities and public organisms of scientific research can copy, distribute and publicly communicate small fragments / parts of works and isolated works of plastic or figurative photographic character, for no commercial purpose and in the necessary measure, as long as they are complied with corresponding legal conditions.
Art 37.1
  • Reproductions of works made by Museums, libraries, sound recordings, film libraries, newspaper archives or archives, of public ownership or integrated into institutions of a cultural or scientific nature, exclusively for non-profit research purposes
Art. 37bis
  • The educational centers, museums, libraries, publicly accessible hypermarkets, as well as public broadcasting organizations, archives, sound recordings and film libraries can play Orphan works available to the fund for the purpose of digitization, made available to the public, indexing, cataloging, conservation or restoration and public communication (as long as the requirements of the "art. 37bis LPI).
Art 33.2
  • They can be reproduced, distributed and communicated Conferences, allegations, reports before the Courts and other works of the same nature that have been pronounced in public, provided that these uses are carried out with the sole purpose of informing about the news. This last condition is not applicable to the speeches delivered in parliamentary sessions or public corporations. In any case, the author is entitled to the right to publish these works in a collection.
Art 35.2
  • The Works permanently located in parks, streets, squares or other public roads They can be reproduced, distributed and freely communicated through paintings, drawings, photographs and audiovisual procedures

As set forth in theart. 40bis LPI , none of them exceptions contemplated in the law can be interpreted so that their application causes unjustified damage to the legitimate interests of the author or that go to the detriment of the normal exploitation of the works to which they refer.

As set forth in thearticle 32.1 LPI , in certain circumstances, reproduction fragments of works (or isolated works of a plastic or photographic figurative nature) may be reproduced if these are used as an appointment or review, that is to say:

  • The new document that includes the cited fragment must be done for educational or research purposes.
  • The amount of the original work used must be sufficiently measured.
  • The fragment or image must be used as a citation or for analysis, comment or critical judgment.
  • The original source and name of the author must be indicated.

The cited fragments or images can not be obtained from a database or editorial package contracted through a license to use. In this case, the users of the document can only use them respecting the conditions established in the contract signed with the provider.

The sections 3-5 of the article 32 LPI They detail the cases in which the teaching staff can take refuge in the right of illustration for teaching and research purposes:

Art 32.3
  • The teaching staffregulated education (university and non-university) taught in centers of the Spanish educational system and the staff ofUniversities and public bodies of scientific research they can copy, distribute and publicly communicate small fragments of works and isolated works of a plastic or photographic figurative nature, for no commercial purpose and to the extent necessary, as long as the requirements set forth in the "art. 32.3.
Art 32.4
  • In the specific case ofUniversities and public research centersPublic works can be reproduced, distributed, and publicly communicated (printed or susceptible to being), including the textbooks, university manuals or assimilated publications, with a Compulsory economic compensation, as long as the requirements of theart. 32.4.

More information

The reproduction of photographs or drawings is an exclusive right of the respective authors, which can not be done without their authorization or in the cases provided for by the LPI:

Appointment law
  • "It is lawful to include in a work of fragments of other people of a written, sound or audiovisual nature, as well as that of isolated works of a figurative plastic or photographic nature, as long as they are already disclosed works and their inclusion be made by way of citation or for analysis, comment or critical judgment. This use can only be made for teaching or research purposes, to the extent justified by the purpose of this incorporation and with the source indication and the name of the author of the work used ... "[art. 32.1].
  • Therefore, entire visual works may be reproduced in teaching or research documents, as long as they are related to the content of the study being done and the source and authorship indicated.
  • However, if the work that you want to use has been acquired through a contract or license of use, you must read the clauses to verify if the provider allows you to make the desired use.
Works of public domain
  • Works that are public domain can also be used without requesting authorization.
  • This consideration is considered works whose exploitation rights have been extinguished and which, therefore, can be freely used by any person provided that authorship and integrity are respected (articles 26, 41, 128 LPI ).
  • In the case of the author's photographs (works by artists who use photography as a means of expression), the exploitation rights go to the public domain after 80 years after the death of the artist, if it goes away Produce before 7 December 1987, or up to 70 years in the case of deaths after this date. If this is a non-artistic photo, this period is reduced to 25 years.
  • Because it is not possible to reproduce the documents without the permission of the authors, except for the cases allowed by the legislation (legal texts, reproductions made by the libraries, copies of private use, etc.), authors should be asked for authorization to reproduce documents of our interest.
  • Making the requests individually would be very slow and costly, and sometimes impossible; that is why you collective intellectual property management entities (e.g. CEDRO) provide reproduction licenses, authorizations that through a payment allow the reproduction of works with the limitations decided by these entities.
  • Copies of the protected material made to copisteries or other centers That they have devices available to the public are not considered private copies, since only those made by means of devices whose owner is the copyist, and provided that no collective or commercial use is made.
  • The collective management entities of intellectual property rights grant licenses or authorizations for reproduction of works with a series of limitations. Copisteries or other centers with devices available to the public must contract these licenses, the amount of which is negotiated based on the percentage of copies of the protected material that they do with respect to the total.
  • Licenses only allow a partial reproduction of the documents. For example, there are licenses that allow copy companies the maximum reproduction of an 10% of the work. The articles can be photocopied whole even if they exceed a specific percentage of the magazine, but if you want to photocopy more than one article of the same number, the percentages established by the license are maintained.
  • Photocopiers of offices or offices need one reprogrammed license only in case copies of material protected with the same (articles, books, etc.) are made.
  • Keep in mind that these copies of protected material can not be considered as private use, since the ownership of the machine is from the company, not from the contracted personnel that can use it, which is why it would be necessary to have one license
  • On the other hand, if staff only uses photocopiers of the company to reproduce administrative documents (or others that are not subject to copyright), it is not necessary to hire a reprographic license.

El right of remuneration for private copying It is the right of remuneration for authors to compensate for the private copies that users can make of their works, that is, copies made in a home environment, without using collective or commercial uses.

As established the article 25.6 LPI , the obligation to pay the compensation provided in section 1 of this article is created in the following cases:

a) For the Manufacturers when they act as distributors and for the acquirers of equipment, equipment and material supports outside the Spanish territory for commercial distribution in this, at the moment in which the transferor produces the transfer of the property or, where appropriate, the transfer of the property, use or enjoyment of any of those.

b) For the acquirers Equipment, equipment and material supports outside the Spanish territory for use within the aforementioned territory, from the moment of acquisition.

According to thearticle 25.10 LPI, it is foreseen the constitution by part of the entities of management of intellectual property rights of a legal entity that must exercise, on behalf of all, the following functions:

a) The management of the exceptions of the payment and of the reimbursements.

b) The reception and subsequent referral to the management entities of the Periodic relationships of equipment, devices and reproduction media with respect to which the obligation to pay compensation has been created, drawn up by the debtors and, where applicable, by the joint and several responsible, in the framework of the procedure to effect the compensation determined by means of a royal decree.

c) The unified communication of the billing.


Last update: 08 / 03 / 2019