Spain has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article 31.2 of Law 23/2006. The national exception is much more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction, in any medium, without the assistance of third parties, of already disclosed works, to the extent that: i) reproduction is carried out by a physical person exclusively for private, non-professional and non-business use, and without direct or indirect commercial purposes; ii) The reproduction is made from a legal source and the conditions of access to the work or service are not infringed; iii) The copy obtained is not subject to collective or profit-making use, nor to distribution by price. The provision expressly excludes electronic databases and computer programs from the scope of the exception, also allowing for the exception to be in some cases overriden by license terms.

Implementation details:

Beneficiaries:

• physical persons

Purposes:

• exclusively for private, non-professional and non-business use

Usage:

• reproduction (in any medium)

Compensation:

• fair compensation required

Attribution:

• no attribution required

Other Conditions:

• reproductions must not be made with the assistance of third parties
• works used must be already disclosed
• reproduction must be made from a legal source
• the conditions of access to the work or service must not be infringed
• the copy obtained must not be subject to collective or profit-making use, nor to distribution by price
• the exception can be in some cases overriden by license terms

Introduced/last updated: 04 November 2014

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