Spain has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Article 31 ter (1) of Law 23/2006. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the reproduction, distribution and public communication of works already disclosed that are made for the benefit of people with disabilities, provided that they are not for profit, have a direct relationship with the disability in question, are carried out through a procedure or medium adapted to disability and limited to what it requires.

Implementation details:

Beneficiaries:

• any user

Purposes:

• for the benefit of people with disabilities

Usage:

• reproduction
• distribution
• communication to the public

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• editorial productions of unpublished public domain works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
• use must have a direct relationship with the disability in question
• use must be carried out through a procedure or medium adapted to disability and limited to what it requires

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.