Spain has implemented the Press review (Art. 5.3(c) 1st part InfoSoc) exception in Article 33(1) of Law 23/2006. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction, distribution, and public communication by mass media of works and articles on current affairs published by mass media unless the rightsholder has originally stated reservation of rights. 'Literary collaborations' are explicitly excluded from the scope of the exception. The provision requires attribution to the source and author (if the work was divulged bearing a signature) as well as the payment of agreed remuneration, or in the absence of agreement, the remuneration deemed equitable.

Implementation details:

Beneficiaries:

  • mass media

Purposes:

  • works and articles on current affairs

Usage:

  • reproduction
  • distribution
  • public communication

Subject Matter:

  • works and articles on current affairs

Compensation:

  • payment of agreed remuneration, or in the absence of agreement, the remuneration deemed equitable

Attribution:

  • attribution to the source and author is required, if the work was divulged bearing a signature

Other Conditions:

  • authors can explicitly forbid use under the exception (opt-out option)
  • works used must be published by mass media
  • literary collaborations are explicitly excluded from the scope of the exception

Introduced/last updated: 08 July 2006

Remarks: This analysis does not take into account the so-called 'press clippings' exception under the second part of art. 32(1) of the Spanish law ('_Periodic compilations made in the form of reviews or press reviews will be considered citations_') and the so-called 'Google tax' (art.32(2), applicable to both search engines and content aggregation), as they do not comply with the requirements of the first hypothesis of art. 5(3)(d) of the Infosoc Directive, thus cannot be deemed to implement it.

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