New regulation of the intellectual property law
On 2 November last, Royal Decree-Law 24/2021, of 2 November, approved the transposition of various European Union directives, in particular, Directive (EU) 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions by broadcasting organisations and retransmissions of radio and television programmes and Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market. These provisions aim to adapt copyright law to the specificities of the digital market.
Among the novelties introduced by the Royal Decree, as far as copyright is concerned, the configuration of a right in favour of publishers of press publications and news agencies on the online uses of their press publications stands out. The creation of this right means that information society service providers need authorisation from the copyright holder in order to be able to disseminate their publications. This is intended to preserve the rights of the rightholders and thus to address the serious harm they were suffering as a result of not being able to prevent the transmission of their publications. Authors and performers of online services who grant authorisations or transfer their exclusive rights for the exploitation of their works or other subject-matter are also entitled to receive adequate and proportionate remuneration.
A number of exceptions to copyright are also incorporated, such as, for example, the possibility of reproducing, distributing and publicly communicating by digital means, without the authorisation of the owner, works and other performances for the purposes of illustration for educational purposes provided that: a) they are made by teachers of regulated education in centres integrated into the Spanish educational system and by the staff of universities and research bodies; b) they take place in a secure electronic environment; c) the source is indicated, including the name of the author, whenever possible.