Spain has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Article 39 of Law 23/2006. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for acts of provisional reproduction which, in addition to lacking independent economic significance, are transitory or accessory and form an integral and essential part of a technological process and whose only purpose is to facilitate either a network transmission between third parties by an intermediary, or a lawful use, understood as authorised by the author or by law.

Implementation details:

Beneficiaries:

• intermediaries (transmission in a network)
• any user (lawful use)

Purposes:

• network transmission between third parties by an intermediary
• lawful use

Usage:

• acts of provisional reproduction

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts
• mere photographs
• editorial productions of unpublished public domain works

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the act of reproductions must be transient or accessory
• the act of reproductions must be an integral and essential part of a technological process
• the act of reproduction must lack independent economic significance

Introduced/last updated: 08 July 2006

Remarks: The exception applies to neighbouring rights on the basis of the general provision of Art. 132 of the Law.