Spain has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article 37(1) of Law 23/2006. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for reproductions of works, excercised for non-profit purposes by museums, libraries, sound and film libraries, newspaper libraries or archives that are publicly owned or integrated into institutions of a cultural or scientific nature and reproduction is done exclusively for research or conservation purposes.

Implementation details:

Beneficiaries:

  • museums, libraries, sound and film libraries, newspaper libraries or archives that are publicly owned or integrated into institutions of a cultural or scientific nature

Purposes:

  • research
  • conservation

Usage:

  • reproduction

Subject Matter:

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  • editorial productions of unpublished public domain works

Compensation:

  • no remuneration required

Attribution:

  • no attribution required

Other Conditions:

  • use must be not for profit

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.