The current Spanish intellectual property regime: the missing government syndrome?

Carlos Padrós-Reig


This chapter explores how several issues relating to the digital copying of artistic works have been delineated by recent court judgments in Spain that declare both the automatic calculation of levies and presumptions regarding the use of electronic devices to be unlawful. The Spanish context has also been one of minimal government involvement in defending the public interest. In 2014 the Intellectual Property Commission (CPI) was modified to ensure that the public interest would be better taken into account in determining economic compensation of collective rights. Furthermore, the private method of fee collection has been eliminated, with compensation for public use of artistic works now included as an item in the General State Budget.

This legislative evolution, in a civil law system based on the calculation of damages and on compensation exclusively for right holders, has arrived to the point of distinguishing between private copying and public reproduction. What is evident is the need to take into account the public interest in meeting the challenge of legally adapting to new societal and consumption patterns.

Palabras clave

intellectual property, collective rights, Spanish IP law

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