Spain has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Article 35(2) of Law 23/2006. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for works permanently located in parks, streets, squares or other public roads to be reproduced, distributed and communicated freely through paintings, drawings, photographs and audiovisual works.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • not specified

Usage:

  • reproduction
  • distribution
  • communication to the public

Subject Matter:

  • works permanently located in parks, streets, squares or other public roads

Compensation:

  • no remuneration required

Attribution:

  • no attribution required

Other Conditions:

  • works under this exception can be used through paintings, drawings, photographs and audiovisual works

Introduced/last updated: 08 July 2006