Spain has implemented the Use for the purpose of caricature, parody or pastiche (Art. 5.3(k) InfoSoc) exception in Article 39 of Law 23/2006. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for transformation of disclosed works by way of parody, as long as it does not imply a risk of confusion with the original work or infer damage to the original work or its author.

Implementation details:

Beneficiaries:

• any user

Purposes:

• parody

Usage:

• transformation

Subject Matter:

• works
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• derivative work must not imply a risk of confusion with the original work
• the use must not infer damage to the original work or its author

Introduced/last updated: 08 July 2006

Remarks: In terms of purposes of the use, the exception does not cover caricature and pastiche. The exception applies to neighbouring rights on the basis of the general provision of Art. 132 of the Law.