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Royal Decree 2063 / 2008 Of 12 December, Which Develops Law 10/2007, Of 22 June, Reading The Book And Libraries With Regard To The Isbn.

Original Language Title: Real Decreto 2063/2008, de 12 de diciembre, por el que se desarrolla la Ley 10/2007, de 22 de junio, de la Lectura, del Libro y de las Bibliotecas en lo relativo al ISBN.

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TEXT

The International Standard Book Number or ISBN, is a number created to give each book, understood as a monographic title, a numerical code that identifies it. This system, used for the entire practice of book editions, has become an instrument of identification for any book, which allows the use of computer tools for its location and which facilitates, therefore, its circulation in the publishing market. The ISBN, in addition to a numerical code attached to each book, is an instrument for locating and disseminating it as cultural support.

The international book numbering system is a standardized identification mechanism, the rules of which are developed by the International Agency of the ISBN, which is the legal and private entity responsible for global application of the International Standard Book Number, Standard ISO 2108, and which forms a non-profit, non-profit-based limited company, with its registered office in the United Kingdom.

These rules are included in the ISBN contracts, which the International Agency subscribes with each of the Local Agencies (known as National Agencies or Register Agencies), where the rules are collected. obligations of these and are enabled to provide this service, as in the user manuals of the ISBN, which is periodically edited by the International Agency, where " the general provisions of the text of the ISO 2108 standard in force in the form of specific guidelines ".

In our legal system, the management of the ISBN, since the beginning of its implementation, has been carried out by the public administrations, corresponding to the current Directorate General of the Book, Archives and Libraries. of the Ministry of Culture.

Article 8 of the new Law 10/2007, of 22 June, of the Reading, of the Book and of the Libraries, dictated on the basis of Articles 149.1.10. and 149.2 of the Constitution, defines the ISBN number and entrusts the Ministry of Culture the development of the ISBN system. This responsibility comes from the application of the international recommendations adopted by the International Agency of the ISBN and in accordance with the requirements that are regulated. All this while safeguarding the competence that in this matter reserve to the autonomic governments their respective statutes, as expressly provided in the fourth paragraph of article 8 of the law.

This royal decree, therefore, develops the provisions of that Law, moving to our legal order the international regulations, as reflected in the standard UNE-ISO 2108. At the same time it replaces and repeals the provisions on the ISBN contained in Decree 2984/1972 of 2 November establishing the obligation to record in all classes of books and brochures the ISBN number and the order of 25 March of the year 1987, which is regulated by the Spanish ISBN Agency, a regulation adopted decades ago and which is out of date. This necessary updating is demanded not only by the latest recommendations emanating from the International Agency, but also by the new concept of book that is contained in Law 10/2007. Moreover, this standard is in line with the competences assumed in the field by the autonomous communities.

The royal decree, in addition to transferring to its annexes the instructions of the International Agency and the UNE-ISO 2108 standard, enables the Minister of Culture to update them if the evolution of the regulations so requires.

On the other hand, the single additional provision provides for the possibility for the publishing sector to participate in the management of the ISBN system through the appropriate collaboration mechanisms, taking into account that, according to the contracts The editors are, together with the International Agency and the local agencies or register, one of the three levels involved in the implementation of the international system.

In its virtue, on the proposal of the Minister of Culture, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the 12th of December 2008,

DISPONGO:

Article 1. Object and scope of application.

1. This royal decree aims at the development of the ISBN system in our country, taking into account the international recommendations and guidelines approved by the International Agency of the ISBN.

2. The International Standard Book Number, ISBN number, is the number created internationally to give each book a numerical code that identifies it, and allows to coordinate and normalize the identification of any book to locate it and to facilitate their circulation in the market.

3. In accordance with international recommendations and guidelines, the publications listed in Annex I to this royal decree should be included in the list of publications, as well as the publications that are exempt.

Article 2. Functions relating to the management of the ISBN.

1. It is for the Ministry of Culture to manage the ISBN, without prejudice to the powers of the Autonomous Communities.

2. The following are the management functions of the ISBN:

(a) The administration of the quota of prefixes ISBN granted by the International Agency of the ISBN.

b) The assignment of an ISBN or an editorial prefix of the ISBN to the registrar of the corresponding monographic publication or to the publisher, as well as the pre-assignment of a collective editorial prefix ISBN to the author-editor or publisher professional.

c) The receipt, verification and validation of the applications for the ISBN numbers by publishing companies, without prejudice to the management functions of the ISBN which have been or may be assumed by the Autonomous Communities.

d) The cataloguing of the documents from the ISBN applications, without prejudice to the management functions of the ISBN that have been or can be assumed by the Autonomous Communities.

e) The design and control of the ISBN forms, without prejudice to the management functions of the ISBN which have been or can be assumed by the Autonomous Communities.

(f) The compilation and maintenance of statistics on the operations relating to the ISBN to be carried out, as well as the presentation of the relevant reports to the International ISBN Agency.

g) Maintenance of the ISBN databases.

(h) The provision of a system of consultations for the users of a system of consultation to allow the dissemination and marketing of books published in Spain and the provision of services to the various actors in the sector of the book.

i) Information and advice to publishers and interested in the use of the ISBN system, without prejudice to the management functions of the ISBN which have been or may be assumed by the Autonomous Communities.

j) Any other function necessary for the proper development of the management of the ISBN.

Article 3. Relationship with the International ISBN Agency.

The Ministry of Culture will maintain coordination and dialogue with the International ISBN Agency in order to coordinate the application of the ISBN numbering system.

Article 4. Structure and indication of the ISBN.

1. The ISBN code has the structure that marks the internationally approved guidelines and recommendations.

2. The ISBN must always appear in the publication in question, in a visible and unambiguously recognizable manner, in accordance with the specifications set out in Annex II to this royal decree.

Article 5. Effects of the ISBN allocation.

The assignment of the ISBN has an identifying value for the purposes of dissemination and marketing, without the assignment of any element of assessment of the registered work, nor accrediting the effective publication of the same.

Single additional disposition. Collaboration mechanisms.

For the exercise of the functions provided for in Article 2, the Ministry of Culture may establish mechanisms of collaboration with those associations or federation of associations of state within the publishing sector, without prejudice to the powers of the Autonomous Communities.

Single repeal provision. Regulatory repeal.

The following rules are repealed:

(a) Articles 1, 2, 3, 4.1, 5, 8, of Decree 2984/1972 of 2 November, establishing the obligation to record in all classes of books and brochures the ISBN number, in those aspects relating to the ISBN.

(b) Order of 25 March 1987 for the Spanish Agency for the International Book Numbering (ISBN).

Final disposition first. Competence title.

This royal decree is issued under the provisions of Article 149.2 of the Constitution, which provides that, without prejudice to the powers that the autonomous communities may assume, the State will consider the service of the culture as a duty and essential attribution, and in addition to Article 149.1.10 of the Constitution, which attributes exclusive competence to the State in matters of foreign trade.

Final disposition second. Regulatory enablement.

The Minister of Culture is enabled, without prejudice to the powers of the autonomous communities, to the adoption of any provisions necessary for the development and execution of this royal decree, as well as for the amendment of the Annexes for adaptation to the internationally approved recommendations and guidelines.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on December 12, 2008.

JOHN CARLOS R.

The Minister of Culture,

CESAR ANTONIO MOLINA SANCHEZ

ANNEX I

a) Monographic publications to use ISBN code:

Printed monographic works.

Braille publications, or their equivalents in new technologies.

Publications that the publisher does not plan to update regularly or continue indefinitely.

Item or monographic numbers of a particular serial publication.

Films, videos and educational or teaching transparencies provided that they are didactic resources of subjects that are taught in the regulated teaching, will indicate the subject and the course to which the publication is addressed.

Audiobooks are already on physical media (cassette, CD, DVD, etc.) or over the Internet.

Electronic monographic publications, whether on physical media (such as machine readable tapes, diskette or CD-ROM), or on the Internet.

Digital copies of printed monographic publications.

Multimedia publications whose main component is the text.

Publications in microforms.

Educational or educational software that has been designed for educational or training purposes as tutorials for learning.

Maps.

b) Publications not to use the ISBN code:

Seriated publications. They are publications that are edited in successive parts and are intended in principle to continue indefinitely. Typically such publications are edited in successive or integrated parts and are usually designated numerically or chronologically. Examples of these are newspapers, periodicals, journals, journals, etc., their identification code is the ISSN.

Resources continued. These are publications that are put into circulation over time without a predetermined end date usually disseminated in successive or integrated copies such as loose leaf publications, successive electronic media, and Replacement and Web sites that are continuously updated, can be used as the ISSN identification code.

Textual works in the abstract.

Printed material, or other media, of a temporary nature, such as catalogues of bookshops and publishers, commercial and advertising catalogues, tourist brochures, brochures, brochures and sports programmes, cinematographic, school, political, theatrical, cultural, party, memorial, concert, etc. price lists and all advertising or propaganda material.

Partitions-your business identification code is the ISMN-.

Artistic prints and artistic brochures without cover or text.

Personal documents (for example, resume or a personal profile in electronic format).

Greeting cards.

Recordings of musical sounds, their code is the ISRC.

Computer programs that do not have educational or educational purposes.

Electronic bulletin boards (blogs, Internet news boards, chat rooms, etc.).

Emails and other electronic correspondence.

Games.

Almanacs, calendars, and calendars.

Books, brochures, and notebooks with blank sheets.

Albums of chromes, photos, social ceremonies, stamps, coins and notes, etc.,

Telephone Directories.

Film, radio and television scripts unless commercially published.

Coloring and sticker books.

User manuals for non-library materials and publications that accompany newspapers and magazines.

Materials attached to a monographic work that do not have a separate commercial value, and are not sold separately. They shall not use their own ISBN, but may indicate the ISBN of the accompanying monographic work.

Teaching materials for internal use in schools.

Memoirs, statutes and internal regime materials of companies, institutions or associations.

Works printed on multicopeds.

Hobbies (crossword puzzles, letter soups, sudokus, kakuras, nurikabes, etc.)

Free publications.

Limited availability publications and updatable resources such as publications that are printed on demand with content tailored to user requests.

Audiovisual products, such as film, documentary, advertising, cartoon, etc., your identification code is the ISAN.

ANNEX II

Indication of ISBN (UNE-ISO 2108 standard)

In the case of printed publications the ISBN will be printed on the back of the cover of the publication or, if this is not possible, at the foot of the same cover or together with the credits of the publication and the foot of the back cover provided that it is feasible, and/or at the foot of the overcoat. In the event that none of these two positions is possible, the ISBN will be printed in some other prominent place on the outside of the publication.

The ISBN will be represented in the publication in machine-readable form as a bar code. When an ISBN is represented as a barcode, the symbol of the EAN bar code will be used, according to ISO/IEC 15420. In a bar code, the ISBN must be presented in a human-readable form just above the bar code symbol.

In electronic publications and other forms of non-printed products, if the publication involves a visual presentation of the content stored electronically (for example, an online publication), the ISBN will appear in the page or on the screen displaying the title or its equivalent (for example, on the initial screen that appears immediately when the content is accessed and/or on the screen in which the credits appear).

If the publication is broadcast as a physical object (for example, a compact disc, cassette, or diskette), the ISBN will appear on any of the labels that are permanently attached to that object.

In the event that it is not possible to display the ISBN in the object or on its label, the ISBN will be shown on the bottom of the back of the permanent packaging of that object (for example, in the case, case or package).

The ISBN must be included in any of the metadata incorporated in the publication, in addition to appearing visibly placed in the text.