While the Spanish Government has begun the process to amend the laws of Trademarks, Designs and Patents, with the aim of adapting national regulations to the reality of the dynamic market of Industrial Property and, with this, providing greater clarity and legal certainty to the industrial property system users (the text of the Bill can be consulted here).
Recently, important updates have been introduced regarding Copyright and Related Rights in the Digital Single Market.
Through Royal Decree-Law 24/2021 (fourth book), have been transposed into national regulations, among others, the EU Directives 2019/789, on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and 2019/790, on copyright and related rights in the Digital Single Market.
Among the most notable updates, we highlight:
- The content service providers are obligated to adopt adequate measures to guarantee their protection, as they will be responsible for unauthorized acts of public communication, unless they demonstrate that:
– They have made their best efforts to obtain authorization and to ensure the unavailability of the works.
– They have acted expeditiously upon receipt of a notification from the rights holder to disable access to or withdraw the works, as well as to prevent its future uploading.
- The extension of the exception to use protected works without necessary authorization for educational and scientific research activities, including by digital means.
- The incorporation of new exceptions on IPRs:
– Exception on text and data mining, under which the authorisation of the author or right holder is not required when they are used for this activity (mining).
– Exception on pastiche, applicable to offline and online environments, under which it will not be necessary to have the authorisation of the author or right holder to transform a disclosed work and its combination with others.
- The obligation of transparency that the authorized and assignees of the exploitation rights must have when providing information on the exploitation and income generated by a work to determine an adequate and proportional compensation to the authors, artists and performers of said work. Besides, if there is a manifest disproportion between the agreed compensation and the income derived from the work, the contract may be revised for inequitable compensation.
- The removal of compulsory and inalienable collective management, which affected content aggregators and search engines. Now individual authorizations can be negotiated.
- It is granted as a new related right for the benefit of publishers of press publications and news agencies, the exclusive rights of reproduction and making available to the public, regarding the online uses of its press publications by information society service providers.
We hope that this information will be of use to you. If you need any clarification or have any questions we are at your entire disposal.
Carlos Polo & Asociados