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The private copy limit or exception, for which the right of reproduction is limited or excepted in the case of copies made by a natural person for private use and provided that the holders of that right receive in return a fair compensation, is found in the Spanish order in article 31.2 of the recast text of the Law on Intellectual Property, approved by Royal Legislative Decree 1/1996, of April 12.
Through the 10th additional provision of Royal Decree-Law 20/2011 of 30 December 2011, of urgent measures in budgetary, tax and financial matters for the correction of the public deficit, in force since 1 January In 2012, the legislator has chosen to amend the Spanish system of financing of fair compensation for private copying, replacing the previous model based on payment by intermediaries in the market for equipment, appliances and media reproduction of certain amounts on these devices by a system of compensation from the General Budget of the State in which the amount of the latter is to be determined on the basis of the estimate of the injury caused.
In compliance with the mandate of that additional provision tenth, the approval of Royal Decree 1657/2012 of 7 December 2012 governing the procedure for the payment of fair compensation for private copying was carried out. from the General Budget of the State.
The basis for the determination of the annual amount corresponding to that injury is based on the damage actually caused to the owners of the intellectual property rights as a result of the reproductions which be covered under the concept of private copying. The assessment of this injury must take into account, inter alia, the objective criteria set out in Article 3.2 of Royal Decree 1657/2012, which have been analysed during the processing of the procedure as laid down in the that Royal Decree and during which the intellectual property rights management entities have been given a hearing.
But, in addition to the estimate of the injury caused, the determination of the compensation to be financed from the General Budget of the State, to be distributed among the three modes of reproduction and to assign to the entities (a) the management of intellectual property rights must necessarily take into account the speciality and the limiting nature of the appropriations for expenditure entered in the general budget of the State, in accordance with the provisions of the Articles 42 and 46 of Law 47/2003, of 26 November, General Budget.
Of the combined application of both legal constraints, the amount corresponding to the equitable compensation for private copying from the General Budget of the State for the financial year is determined 2014, to be distributed among the three modes of reproduction and to assign to the entities of intellectual property rights management.
In its virtue, I resolve:
First.
The amount of fair compensation for private copying for the financial year 2014 from the General State Budget.
In accordance with the criteria set out in Article 3.2 of Royal Decree 1657/2012 of 7 December 2012 governing the procedure for the payment of fair compensation for private copying from the budget General of the State, and with the available budget, the amount of the equitable compensation for private copying to be distributed between the three modes of reproduction and to assign to the entities of management of property rights Intellectual property, corresponding to the financial year 2014 with the General Budget of the State, remains determined by this order in EUR 5,000,000, from the following budgetary application:
Budget implementation 18.13.321M.484 of the 2015 expenditure budget, in accordance with the provisions of this order.
Second.
Distribution of the amount of compensation between the modes of reproduction and the allocation of the compensation to the management entities.
1. The distribution of the amount of the compensation for the financial year 2014 from the general budget of the State to the rules of reproduction referred to in law is determined by applying the following percentages: which are derived from the outcome of the instructed procedure as set out in Royal Decree 1657/2012 of 7 December 2012:
(a) Books and publications assimilated to books: 22.61181079 per 100.
b) Phonograms: 30,93660486 per 100.
c) Videograms: 46.45158435 per 100.
2. In turn, the distribution of the compensation in each mode of reproduction shall be carried out in accordance with the provisions of Article 5 of Royal Decree 1657/2012 of 7 December 2012.
3. In cases where two or more entities are involved in the management of rights of a category of holders of the same reproduction mode, their distribution shall be carried out in accordance with the percentages or distribution system agreed by all the parties. concurrent management entities, taking into account the provisions of Article 6.2 of Royal Decree 1657/2012 of 7 December 2012. That agreement shall be sent to the Secretariat of State for Culture prior to the date of the order of the Ministry of Finance and Public Administrations governing the closure of the financial year 2015. concerning the budget for expenditure and non-budgetary operations for the purposes of its processing in the implementation phase of expenditure under the 2015 General Budget. In the event of a lack of agreement between the concurrent management entities in the management of the same category of holders belonging to the same modality, the provisions of Article 6.3 of Royal Decree 1657/2012 of 7 December 2012 shall apply.
Third. Resources.
Against this ministerial order, which puts an end to the administrative route, in accordance with the provisions of Article 109 of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and in the additional provision 15th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, may be instituted with a capacity for replenishment, within one month, from the day following the publication of the month, in accordance with the Articles 116 and 117 of that Law No 30/1992 of 26 November 1992.
In addition, a judicial-administrative appeal may be filed with the Office of the Administrative-Administrative Office of the National Court within two months from the day following its publication, in accordance with the provisions of the provided for in Articles 11 (1) (a), 25 and 46 of Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction.
Madrid, 19 October 2015.-The Minister of Education, Culture and Sport, Iñigo Méndez de Vigo and Mr Mondez.
