Spain has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in Article 37(1) of Law 23/2006. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the communication of works or their making available by cultural heritage institutions to specific persons from the public for research purposes. Communication must be carried out by means of a closed and internal network through specialised terminals on the premises of the institutions, provided that such works appear in the collections of the establishment itself and are not subject to acquisition or licensing conditions.

Implementation details:

Beneficiaries:

• museums, libraries, sound and film libraries, newspaper libraries or archives that are publicly owned or integrated into institutions of a cultural or scientific nature

Purposes:

• making available to specific persons from the public for research purposes

Usage:

• communication and making available in closed and internal network (through specialised terminals on the premises of the institutions)

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts
• mere photographs
• editorial productions of unpublished public domain works

Compensation:

• fair compensation required

Attribution:

• no attribution required

Other Conditions:

• works used must be part of the institution's own collection

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.