Spain has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 36(3) of Law 23/2006. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the reproduction by broadcasting organisation, when assigned the right to communication to the public of a work, carried out by meand of broadcasting, to record the work by its own means and for its own wireless broadcasts, in order to perform, once only, authorised public communication. For new disseminations of the work recorded, the transfer of the right of reproduction and public communication shall be required.
Implementation details:
Beneficiaries:
- broadcasting organisation
Purposes:
- for beneficiaries' own wireless broadcasts
Usage:
- 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- editorial productions of unpublished public domain works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:
- beneficiaries must be assigned the right to communication to the public of the work
- beneficiaries must record the work by their own means
- the act of reproduction must lack independent economic significance
- the exception can be used for the purpose of one time communication only
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.
