JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The 21st century begins with a new conception and definition of reading and book. For centuries, the book has maintained a unique and unique format, just as it was defined as the reader exercise performed by individuals on the contents of the book. At present, reading is conceived as a basic tool for the development of personality and also as an instrument for socialization; that is, as an essential element for training and democratic coexistence, for development in the "information society". Citizenship, through numerous means and resources, receives an abundance of information; more, in this context, the necessary skill is necessary to transform information into knowledge, and this ability is achieved through the habit of reader. Only in this way can citizens aspire to participate and enjoy equal opportunities offered by the "knowledge society": to read is to choose perspectives from which to situate our gaze by inviting reflection, thinking and create.

This Law of Reading, of the Book and of Libraries is born, therefore, within the framework that endorses the Constitution in favor of the principles that promote coexistence. It arises as a measure that serves the plurality of nuances that the concept of "reading" holds and as recognition of the diversity of formats offered by the concept of "book". Since it is necessary to adapt to the new reality, it is necessary to redefine some essential concepts, and to extend the semantic field of them and that they necessarily impose on the new reality, object of this Law.

Reading, as a process of decoding by which a person understands and internalizes the sense of signs and manages to obtain information and knowledge, must be accessible to the whole of society; it must therefore be a right to allow access to knowledge to all citizens on an equal footing. Reading enriches and develops the necessary critical capacity of people; hence, after the act of reading, in addition to the civic values that it contains, there is an acquisition of skills that endows the individuals with the necessary resources. for their development as people: daily life must be conditioned by the reading capacity that contributes to the improvement of human beings.

So much density of wealth requires learning and effort on the part of individuals, hence it is intended that the enjoyment of them go as far as the full biography of every citizen.

This Law aims to collect the irreplaceable values of the reading and its contexts, therefore it recognizes and promotes the actions aimed at promoting its acquisition and to develop habits readers, from all the orders and administrations, respecting the competences of each of them, in order to achieve the greatest possible effectiveness and the desirable teleology: a reading society.

This action, therefore, does not have an expiry date, therefore-whether from the public sector, from cultural and educational fields, or from social policies, or from the private sector-this is an inexcusable task. It is up to everyone. In the countries of the European Union, great attention is being paid to the promotion of reading, our reference model being that of those countries that achieve the best rates among the potentially reading population. Also in our country, the reading, in recent years, has acquired a growing role in terms of its function and importance. The General Administration of the State, the regional authorities and local authorities have, together with the necessary collaboration of the book sector, promoted numerous initiatives. Thus, the concern for reading has been multiplying its presence in the media, forums and entities of different signs and has been the object of concern and debate throughout society, especially in the school field. Reading and promoting it are seen as a basic tool for the exercise of the right to education and culture within the framework of the information society, hence various plans tend to promote it and underline the interest of the latter in the field of education. the everyday life of society, as well as the fundamental role that the media, especially those of public ownership, must have in promoting and promoting the reader habit and book.

One of the most important milestones in this debate around the reading was that of the results of various reports from international organizations, data that questioned the reading comprehension among the school children. Spanish teenagers. But these data had a positive effect, as they contributed to the importance of reading as a transversal and determining instrument for school performance. The results of recent studies on school libraries have contributed to an awareness of the need to strengthen the school's readership habits, for which material and human resources and an approach are required. appropriate of the functions that in teaching can and must meet these types of libraries. From the normative field, a step of extraordinary relevance has been taken: for the first time, the Organic Law on Education, in its article 113, includes the obligation for a school library to exist in every public school, remembering that it is it should contribute to promoting reading and to the fact that students access information in all areas of learning as a necessary dynamic to participate in the knowledge society. The access of students to the information must be guaranteed by adequate texts in the content and form, but also in the correct use of language. Only if the models are exemplary in their spelling, expression and grammar, our students will be able to acquire the required skills in the information society: to understand and express themselves clearly. A care text is the best resource for teachers and their students.

On the other hand, the promotion of reading is one of the best support for the future of the Spanish book sector, both in its cultural and industrial aspects. The book and the book sector were regulated by the Law of the Book 9/1975 of 12 March, but much of its precepts were already overcome by the new constitutional reality, both by the regulation of rights and freedoms and by the new territorial framework constitutionally established. The Spanish Constitution of 1978, in its article 44, recognizes that the public authorities will promote and protect the access to culture, to which everyone has the right. This article is to be interpreted in conjunction with Article 149.2, stating that, without prejudice to the powers which the autonomous communities may assume, the State shall regard the service of culture as essential duty and attribution, and shall facilitate the cultural communication between the autonomous communities, according to them and respecting the competence framework established in the Constitution and the Statutes of Autonomy.

The support of the public authorities to the book, as a model of cultural expression, is explicitly stated in this Law, but the work of its various protagonists is also recognized. On the one hand, the work of the creators, including among them writers and authors, the translators, illustrators and correctors in the exercise of their function, without which the works that take the form of book, are not available. and without prejudice to the protection that is regulated in the legislation of intellectual property; moreover, the promotion of the main cultural industry of our country, the field of the book, with a special recognition to the labor of the booksellers as cultural agents. It is also recognized that this support of the public authorities in the Spanish book must tend towards its international expansion, traditionally oriented to Latin America given our cultural and linguistic links, aspiring to enter all existing markets and language areas. There is also a clear willingness to protect and promote the linguistic diversity of the Spanish State, taking into account the recognition of the different official languages.

The regulation on the marketing of the book and related publications part of the conviction that a product is offered that is more than a mere commodity: it is a physical medium that contains the plasmation of the thought human, scientific and literary creation, enabling that transcendental and unique act for the human species, which is reading. The diffusion of these creations, their cultural value and their plurality require a certain guarantee both in the quality control of the text and in their marketing so that they can be accessible to the greatest number of potential readers. These ends are those pursued by the fixed or unique price systems of the books, thus allowing the coexistence of fast-rotating and other more long-rotation editions, offering the libraries not only the novel but a bibliographic to facilitate equal and diverse access to culture, as required by Article 44 of our Constitution.

Therefore, this Law is committed to a system that has historically been maintained in Spain, and which is also clearly a majority in the European Union. In this European area, the institutions have expressly recognized the compatibility of national fixed price laws with Community law, and the European Parliament advocates the adoption of a Community legislative proposal on the fixed price. In addition, the countries of the Ibero-American space have recognized and strengthened the fixed price systems by legislation.

In this Law it has been intended to reinforce this general principle of fixed price by establishing, with legal status, the specific obligations of the agents of the sector, and even the express prohibition of the use of the book as a claim commercial for the sale of other products of a different nature. However, the price regime of the textbooks provided for by Royal Decree-Law 6/2000 of 23 June, liberalizing the discount for textbooks, is now established as an exclusion from the fixed price system. The experience gained advises the change of that singular free discount system towards a free price system, which is at the same time favorable for the citizen, as it propitiate the saving capacity of the families that benefit from the Price liberalisation, while at the same time not damaging the retail bookseller, since it ultimately makes it possible to protect the existing network of bookshops by safeguarding the maintenance of a diversified cultural offering.

On the other hand, the legal regulation still in force is alien to the rapid technological development of the last decades. The book and related publications sector in Spain currently has clear features of maturity and health, but at the same time it faces the challenges posed by the new technologies and the changes produced by these and other factors, both in the the dynamic of the sector as in the market. Hence one of the first consequences of these vertiginous technological changes has been the need to provide an updated definition of the book, one of the goals that this Law has set itself.

Also, new information and communication technologies have had a decisive influence on how to provide a fundamental public service, such as libraries. The progressive development of the library systems in Spain and the technological evolution of the libraries themselves advised to redefine the role of the General Administration of the State in this field, favoring, on the one hand, the channels of cooperation in the promotion of the Spanish Library System and, on the other hand, facilitating the coordination of state-owned libraries. It is the responsibility of the General Administration of the State in cooperation with the corresponding organs of the Autonomous Communities, the responsibility to obtain the diagnosis of the whole, so that a global vision of all the systems, networks, consortia and libraries dependent on any public authorities or private entities, so that public authorities can, at any time, identify gaps and inequalities and act in order to remedy them using the means which the legal order makes available, exclusively within the framework of the competences corresponding to the State.

According to all of the above, this Law of Reading, of Book and of Libraries constitutes the special legal regime of activities related to the book, in its double dimension of cultural element and of good The Commission has also been in favour of the proposal for a Council decision on the conclusion of the agreement between the European Economic Community and the European Economic and Financial Council (EPPED, I) on the proposal for a Council decision on the the framework of the competences corresponding to the State.

The Law is divided into six chapters, the first concerning the general provisions, the second to the promotion of the reading, the third to the promotion of the authors and the industry of the book, the fourth to the legal regime of the book, the fifth dedicated to libraries, and the sixth to the sanctioning regime.

II

The first chapter, called general provisions, consists of two articles. The first relates to the object and scope of this rule: the promotion of the book, the promotion of reading and libraries.

The second article establishes, for legal certainty, a number of definitions, such as book, serial publication, publisher, distributor, bookseller, final consumer, library, digital library, printer/producer and periodic publication.

III

The second chapter, promoting reading, understands reading as a basic tool for continuous learning, and highlights the general interest of reading in the daily life of society, as well as recognizing aesthetic contributions of the book in their graphic and plastic content, so that they are promoted as cultural values. To this end, it provides for plans to promote the reading and promotion activities of the same, the promotion of services and bibliographic endowments, the cooperation of public administrations with companies, associations and foundations in the initiatives to promote reading, the use of analytical tools and the evaluation of all these activities.

IV

In the third chapter, the promotion of authors and the book industry and related publications, the promotion campaigns of the Spanish authors, the existence of a system of national awards for (i) the literary, scientific and technical fields, and, on the other hand, the programmes of support for the book industry, collaboration with the sector in the promotion of technologies applied to management, exchange of information and training, as well as the institutional participation in national and international book fairs and, in The Commission has been responsible for the implementation of the Treaty on European Union, in particular the promotion of the sale of copyright and illustration rights and the promotion of private companies. As an organ of support, the Law provides for the creation of the Observatory of Reading and the Book in its second provision.

V

The fourth chapter, the legal regime of the book, regulates the fixed price of the books, collecting their legal regime, their exclusions and exceptions. As for the textbooks, they are excluded from the fixed price system, modifying the regime established by the Royal Decree Law 6/2000 of 23 June. Definitions of international book numbering and serial publications are also incorporated.

VI

The fifth chapter is dedicated to libraries. It incorporates the principles, values and norms that enjoy greater consensus among the professionals of the libraries and the international organizations related to them. Similarly, and due to the impact of information and communication technologies on library activity, it is expected to be used in the aspects of the activity in which its use is considered to be of particular importance.

On the other hand, the interests and ends of the General Administration of the State in the field of libraries are defined. In addition, the means are mentioned and the fundamental structures for the achievement of such purposes and interests are defined. Special mention deserves the Spanish Library System, in which the voluntary relations of cooperation between the different administrations prevail.

Spain has a rich heritage that expresses both the variety of its cultural and linguistic manifestations and the confluence of the same in history. To disseminate this heritage online, through digital libraries, with the support of new technologies, will allow citizens to access cultural material more easily, thus contributing to the knowledge society. On the other hand, this digital heritage can be integrated into the European Digital Library. This project should be carried out through cooperation between different public administrations and all types of private actors and entities.

VII

The sixth chapter, in order to guarantee the content of this Law, regulates the infringements and penalties in the field of fixed price and advertising in the sale of books, respecting the autonomic powers and enunciating basically the types of illicit that give rise to sanction.

In the elaboration and processing of this Law, the autonomous communities and the sectors involved have been consulted, and the opinions and reports have been obtained.

Chapter I

General provisions

Article 1. Object and scope.

1. The purpose of this Law is to define the legal framework of the book, focusing on its character as a cultural product, from its creation to its marketing, dissemination and conservation as part of the Spanish bibliographic heritage. (i) a series of publications, including the promotion of reading, libraries and, in particular, library cooperation.

2. This Law is applicable to the book, in terms of its editing and marketing in any type of support that is capable of reading and to the serial publications. It also applies to the promotion of reading and the reader habit and libraries, in accordance with the competence framework established in the Constitution and in the respective statutes of autonomy.

3. In this Law, it is understood that any reference to the book and its marketing, reading and libraries, has as its object the book in Spanish or in any of the official languages in the respective autonomous communities.

Article 2. Definitions.

For the purposes of this Act it is understood by:

a) Book: scientific, artistic, literary or any other work that constitutes a unitary publication in one or more volumes and which may appear in print or in any other readable medium.

Included in the definition of a book, the effects of this Law, the electronic books and the books that are published or disseminated by the Internet or in other support that may appear in the future, the materials complementary printed, visual, audiovisual or sound which are edited in conjunction with the book and which participate in the unitary character of the book, as well as any other editorial.

(b) Seriated publication: any scientific, literary or any other work which appears or communicates on a continuous basis, edited in a succession of fasciculties or separate parts, which normally carries a numbering and which does not have a default duration.

(c) Editor: natural or legal person who, on his own behalf, chooses or conceives literary, scientific and general works of any subject and performs or commissions industrial processes for his/her transformation into a book, any that is your support, for the purpose of publishing and disseminating or communicating.

d) Distributor: natural or legal person who performs commercial services and who serves as a liaison between publishers and booksellers, to place and replenish books at their point of sale and to facilitate their dissemination.

e) Bookseller: natural or legal person who is engaged, exclusively or principally, for the sale of books to the final customer from commercial establishments of free access to the public or for any sale procedure to distance.

(f) Final consumer: natural or legal person who, without taking on any subsequent purchase obligations or certain fee payments, acquires the books for his or her own use or transmits them to a different person without any operation commercial or any other transaction for consideration.

g) Library: without prejudice to the provisions of article 59.2 of Law 16/1985 of 25 June, of the Spanish Historical Heritage and of the corresponding regional legislation, the organizational structure is understood that, by means of technically appropriate processes and services, it is a mission to facilitate access on equal opportunities for all citizens to documents published or disseminated on any medium.

h) Digital libraries: they are organized collections of digital content that are made available to the public. They may contain digitised materials, such as digital copies of books or other documentary material from libraries, archives and museums, or based on information produced directly in digital format.

i) Printer/book producer: natural or legal person who, with the necessary technical facilities and facilities, is dedicated, exclusively or principally, to the performance and printing of books on paper or in any other The support for reading, as well as the complementary materials of a printed, virtual, audiovisual or sound character, which are published in conjunction with the book and which are part of the unit's unit character.

j) Periodic publication: any publication that appears or communicates on an ongoing basis with an established, cultural or scientific periodicity.

Chapter II

Promoting Reading

Article 3. Promoting reading.

1. The Government shall approve and develop plans for the promotion of reading, which shall be drawn up, evaluated and regularly updated by the Ministry of Culture and which shall be accompanied by the appropriate budgetary allocation.

These plans will ensure continuity in the time of reading promotion policies for the consolidation of reading habits.

2. Without prejudice to the above paragraph, the Government shall ensure inter-ministerial cooperation, singularly between the administrations responsible for Culture and Education in the activities of promoting reading. The plans proposed by the government will establish generic targets and will be agreed with the autonomous communities. They will also promote collaboration with local authorities and other public and private institutions and entities.

3. Libraries, especially the public, school and university, play an irreplaceable role in the development, maintenance and improvement of reading habits, in so far as they guarantee, under conditions of equal treatment opportunities, the access of all citizens to thought and culture. To this end, the Government will support and encourage the opening of school libraries to the community of citizens of their environment, and their incorporation into new technologies. It shall promote agreements with the relevant local and regional administrations.

Article 4. Plans to promote reading.

1. The plans to promote reading will consider reading as a basic tool for the exercise of the right to education and culture, within the framework of the information society and will underline the general interest of reading in life. the daily life of society, by promoting the habit of reading. The plans to promote reading will be of particular concern to the children and young people and to the most socially disadvantaged sectors, with particular attention to people with disabilities, as well as to the continuous learning of people with disabilities. citizens of any age.

2. The plans will pay particular attention to the enhancement of the services and the bibliographic resources of the libraries in order to facilitate access to information and to create favourable conditions for the training and development of readers.

3. Among the actions that the plans will include, in cooperation with the other competent public administrations, the creation and use of analytical tools to know the reality of the reading and the situation of the libraries.

4. The plans will be nurtured both by State contributions and by agreements and cooperation agreements with other public and private administrations and institutions.

5. The plan itself will include the forecasts for evaluation and monitoring measures to assess the achievements made and to make the necessary improvements.

6. The government will promote the special commitment of the media, especially the public audiovisual media, with the promotion of the reader habit; it will promote this same commitment to the means of autonomy and encourage the collaboration with private audiovisual media.

Chapter III

Promotion of authors and the book industry

Article 5. Promotion of the authors.

1. The Ministry of Culture will develop, with the participation and collaboration of the autonomous communities, campaigns to promote the authors who express themselves in Spanish or in any of the official languages of the autonomous communities. It should also collaborate with the autonomous communities in the policies of literary promotion.

2. The General Administration of the State will maintain a system of prizes for the authors of the main fields of literary, cultural, scientific and technical activity. The public authorities will be able to establish other measures to support the authors.

3. In the promotion campaigns of the authors, special importance will be given to the recognition of their creative work, and that of all those who, with their translations, have allowed access to works written in other languages, as well as to respect and protection. of their intellectual property rights.

Article 6.

The Ministry of Culture, in collaboration with cultural institutions, will promote the international projection of the Spanish languages, with special attention to the Ibero-American space of the book in Spanish.

From the Ministry of Culture special attention will be paid to the commemorations of Spanish authors who express themselves in Spanish or in any of the co-official languages of the autonomous communities.

Article 7. Promotion of the book publishing and commerce industry.

1. The General Administration of the State and its public bodies will establish programs to support industry and commerce in the book to guarantee plurality and cultural diversity and to facilitate access to reading in consideration of the values The book represents and its industrial and economic importance. These programs will take into account libraries not only as places of book sales, but also as cultural agents.

2. The General Administration of the State and its public bodies will collaborate with the associations of professionals in the Spanish book sector in all those activities related to the promotion of the reader habit and the dissemination of the book, in (a) those which encourage a better professional organisation and the development of services which may have an impact on the benefit of the readers or the trade in the book, as well as on the promotion of the technologies applied to management; information and training. Such activity shall be carried out in collaboration and cooperation with the Autonomous Communities when it affects entities or activities carried out on its territory.

In addition, public administrations in collaboration with the book industry will promote the sustainable management of editorial productions through the promotion of certification systems that guarantee forest origin environmentally responsible.

3. The General Administration of the State, the Autonomous Communities and their public bodies will contribute to the international expansion of the Spanish book industry. In particular, they will be able to participate in the main national and international fairs related to the book and will encourage the assistance of Spanish companies from the book sector to them abroad and the opening of new markets.

4. For the purposes of the preceding paragraphs, public administrations may articulate arrangements for collaboration and cooperation.

Chapter IV

Legal framework of the book

Article 8. International number of books and serial publications.

1. 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 on the market by encouraging the cooperation of the suppliers and users of the bibliographic information which constitutes their fundamental object.

2. In application of the international recommendations and guidelines approved by the International Agency of the ISBN, the Ministry of Culture is the body responsible for developing the ISBN system in our country, according to the requirements that Regulations shall be established and without prejudice to the powers that have been taken by the Autonomous Communities.

3. The International Standard Serial Number, ISSN number, is the international standard number of serial publications. In Spain its management corresponds to the National Library without prejudice to the competencies that the autonomous communities have assumed.

4. The provisions set out in the preceding paragraphs shall in any event be understood as safeguarding the competence of the autonomous governments in this matter.

Article 9. The fixed price.

1. Any person who edits, imports or reimports books is obliged to establish a fixed price of sale to the public or of transaction to the final consumer of the books that are edited, imported or reimported, all regardless of the place in which they are perform the sale or the economic operator or procedure through which the transaction is made.

In order to ensure adequate information, the publisher or importer will also be obliged to indicate on the books by the edited or imported the fixed price.

2. In the case of importation, the price shall be that fixed by the first importer and shall be respected by the subsequent importer, except in the cases provided for in the following Article.

3. The selling price to the public may range from 95 per 100 to 100 per 100 of the fixed price.

4. When the book is made available to the public, forming a unit or jointly with discs, magnetic bands, cassettes, films, photographs, slides, microforms or any other element and constitutes an editorial offer the fixed price shall be determined for the entirety of the elements that integrate such an offer.

5. The publisher may set a different fixed price for the sale of complete collections, less than the sum of the sum of each of the titles that make up that collection.

6. In cases of sale by instalments or by credit, different prices may be established according to the respective sales system.

7. The bookseller or any other economic operator, including wholesalers, whatever their legal nature, when carrying out transactions in detail is obliged to respect the price set by the publisher.

8. Without prejudice to the provisions of Law 7/1996 of 15 January 1996 on the management of retail trade, commercial establishments engaged in retail sale may not use the books as a commercial claim for the sale of products. of a different nature.

Article 10. Exclusions at the fixed price.

1. The following assumptions shall not be subject to the fixed price regime:

(a) the bibliophile books, which are understood by those published in limited numbers for a restricted public, numbered correlatively and of high formal quality.

(b) the artistic books, which are understood by those who have been edited in whole or in part by means of crafts for the reproduction of works of art, which include illustrations executed directly or manually or those in Those that have been used for craft binding.

c) old or sold out books.

d) used books.

e) prepublication phase subscriptions.

(f) copies of special editions to institutions or entities or to their distribution as a promotional element, provided that they clearly show that specification. In the case of their placing on the market, such editions may be sold only to the members of the institutions or entities to which they are intended and the price fixed by the publisher of those institutions. Institutions or cultural associations of an associative base acting as publishers may freely set a special price for specimens intended for their members or associates, and this specification must be clearly stated in those institutions. copies. The remainder of the edition shall be subject to the general system of fixed selling prices to the public established by this Law.

g) the textbooks and complementary teaching material published mainly for the development and implementation of the curricula corresponding to Primary Education and the compulsory secondary education. The teaching materials referred to in this section include both the complementary materials for the use of the student and the support materials for the teacher. These materials may be printed or used for other types of support. They shall not have the character of supplementary teaching material for the purposes of this paragraph which do not specifically develop the curriculum of a subject, even if they serve as an adjunct or teaching aid, such as dictionaries, atlas, reading books, audiovisual media or scientific instruments.

h) uncataloged books. It is understood that a book has been discataloged by the publisher when it does not appear in its last catalogue or it is communicated in writing to its distribution and sales channels and to the Spanish Agency of the ISBN or the corresponding autonomous agencies of ISBN. The offer and exposure of these books must be made separate and sufficiently indicated from that of the books subject to fixed price.

(i) the bookseller or retailer may apply prices lower than that of sale to the public for books published or imported after two years since the last edition, provided that they have been offered by them for a period minimum of six months. The offer and exposure of these books must be made separate and sufficiently indicated from that of the books subject to fixed price.

2. For the purposes of points (h) and (i) of the previous paragraph, the publisher shall, where appropriate, comply with the provisions of Article 67 of the Recast Text of the Law on Intellectual Property approved by Royal Decree-Law 1/1996, of 12 April.

Article 11. Exceptions to the fixed price.

1. Without prejudice to Article 9 of this Law, lower prices may be applied to the sale to the public in the following cases:

a) On the Book and Book Day of the Book, Congresses or Exhibits of the Book, provided that they are determined by their organizing entities, when they belong to the sectors of the edition and marketing of the book, a discount of up to 10 percent of the fixed price.

b) When the final consumer is Libraries, Archives, Museums, School Centers, Universities or Institutions or Centers whose foundational purpose is scientific or research, a discount of up to 15 percent of the price fixed.

(c) By agreement between publishers, distributors and booksellers, an annual price offer may be established for specific funds, specific periods and time limits.

2. The provisions of this Article in respect of the discounts of the books must be without prejudice to the provisions of Article 14 of Law 7/1996 of 15 January 1996 on the Management of Retail Trade.

Chapter V

Libraries

Article 12. Libraries ' mission, principles, and values.

1. Public administrations, in the field of their respective competences, will guarantee the access of the citizens to the libraries in order to promote the diffusion of the thought and the culture contributing to the transformation of the information on knowledge, and cultural development and research. Libraries will also contribute to the promotion of information and communications technologies, actively seek their best knowledge and management, and encourage their use by all citizens.

2. The principles and values of the libraries are:

(a) Intellectual freedom, access to information and respect for intellectual property rights;

b) Equality for all users to access the materials, facilities and services of the library, without discrimination based on origin, ethnicity, religion, ideology, gender or sexual orientation, age, disability, economic resources or any other personal or social circumstances;

c) Plurality, by virtue of which the widest possible variety of documents that reflect the diversity of society and its linguistic and iconographic richness should be acquired, preserved and made accessible;

d) The respect of each user's right to the privacy and confidentiality of the information he seeks or receives, as well as the resources he consults, takes on loan, acquires or transmits, protecting his personal data in the terms established by the laws.

3. The provisions of the above paragraphs shall be without prejudice to the provisions of the autonomous communities, the libraries and the provision of school libraries by legislation in the field of education.

Article 13. Public libraries.

Without prejudice to the competencies of the Autonomous Communities and local authorities, the General Administration of the State in relation to the libraries of their ownership and in their relations with the rest of the library of public administrations, will be governed by the following principles and criteria in all public libraries:

1. Public libraries are the means by which public authorities make it possible to exercise effectively the right of all citizens to access information, education and culture in the context of the Information Society and the Knowledge.

2. Public libraries will be considered as libraries which, sustained by public or private bodies, are offered open to all citizens, without discrimination by any personal or social circumstance, through a collection of documents published or disseminated in general. The autonomous communities shall regulate the way in which public libraries of private ownership are to be recognised as such.

3. The public library service must be able to be used by any citizen regardless of their place of origin or residence and will be attended by specialized staff and with hours of service appropriate to the needs of the citizens in accordance with the provisions of the local legislation. The autonomous communities shall regulate the way in which the provision of public library services will be provided with the competition of local authorities.

4. The following are considered basic services for all public libraries:

a) A room query for publications that integrate your background.

b) Individual and collective loan.

c) Information and guidance for the use of the library and the satisfaction of citizens ' information needs.

d) Access to digital information through the Internet or similar networks that can be developed, as well as training for their best handling.

5. Citizens will access the basic services of public libraries in a free and free way.

Article 14. The Spanish Library System.

1. The Spanish Library System provided for in Law 16/1985, of 25 June, comprises the set of organs, centres and means which, through cooperation and coordination, act together in order to develop the services librarians.

2. They are part of the Spanish Library System:

a) The Ministry of Culture, the National Library and the rest of the state-owned libraries.

b) The Council for Librarian Cooperation.

(c) Regional, provincial and local library systems, and of all types of private entities, in the light of the cooperative relations based on the principle of voluntary nature to be established, and without prejudice to the application of their respective regulations.

3. Within the framework of the Spanish Library System, each administration in the field of its competences will promote a balanced, coherent, progressive, innovative and constant development of the set of libraries, systems, networks and consortia existing in Spain and promote equality in access to a public service of quality library in the State as a whole so that there are no inequalities between the citizens of their different areas or of the municipalities with the lowest population index. In order to achieve these objectives, the Ministry of Culture, in cooperation with the Autonomous Communities, shall develop, inter alia, the following functions:

(a) The creation, provision and promotion of libraries, in accordance with current regulations, after consultation or, where appropriate, prior agreement with the corresponding autonomous community.

b) The proposal and the drive of all kinds of library initiatives and projects.

c) The conservation and dissemination of the bibliographic heritage being responsible for the elaboration of the Collective Catalogue of the Bibliographic Heritage.

d) The standardization and coordination of the actions of the libraries and units related to them that are of ownership of the General Administration of the State and its Public Bodies. The mechanisms for such standardisation will be established. In addition, public libraries in the State managed by the Autonomous Communities will maintain links with the rest of the public libraries of the State under mutual cooperation.

e) The promotion of the permanent training of library staff with adequate and sufficient resources and to encourage the exchange of librarians through the development of national and international programmes with the cooperation of the autonomous communities.

f) The impetus of scientific research and technological development and innovation within the library field as well as the carrying out of research projects in cooperation with other scientific institutions and In cooperation with the autonomous communities. Libraries will be able to be research project promoters and librarians will be able to present themselves as research staff to national and international calls.

4. The Ministry of Culture, without prejudice to the powers of the autonomous communities, and in accordance with the guidelines and recommendations of the European Union and international organizations in this field, will promote the creation of libraries digital according to the following criteria:

a) Online accessibility, as a precondition for optimizing the benefits that citizens, researchers and businesses can extract from information,

b) The digitisation of analog collections to expand their use in the information society and

c) Preservation and storage to ensure that future generations can access digital material and prevent the loss of precious content.

5. The participation of the Ministry of Culture in the regional library systems shall be delimited by the provisions of the respective conventions or agreements which, for this purpose, are signed with the autonomous communities.

6. Libraries integrated into the Spanish Library System must be accessible to people with disabilities. The new creation, which will be from its start up, those which already exist, and which do not meet the accessibility requirements, must be conditioned in accordance with the provisions and deadlines laid down in Law 51/2003 of 2 December 2003. equal opportunities, non-discrimination and universal accessibility for people with disabilities.

Article 15. Library cooperation.

1. Library cooperation includes links which, on a voluntary basis, are established between libraries and library systems which are dependent on the various public administrations and all types of private entities for exchange information, ideas, services, expertise and means with the aim of optimising resources and developing library services. The General Administration of the State, in collaboration with the rest of the public administrations and all types of private entities, will promote and promote library cooperation through the establishment of specific plans to be evaluated and will update periodically.

2. The Board of Librarian Cooperation is the collegiate body of interadministrative composition that will channel the library cooperation between the public administrations. Its composition, which will be developed in regulation, within a maximum of one year, will be agreed with the autonomous communities and will include, at least, representatives of the General Administration of the State, the autonomous communities, local authorities and the Council of Universities. There will also be a representation of the professional societies of librarians, with a voice but no vote.

3. Without prejudice to the powers of the other public administrations, the Ministry of Culture shall promote and promote international cooperation by ensuring the presence of Spain in international bodies and through the participation in projects with the bodies responsible for libraries in each country and with the libraries themselves, especially in the European and Ibero-American areas.

4. It will be the responsibility of the Cooperation Council, at least, to draw up specific plans to promote and promote the development and improvement of the conditions of the libraries and their services, which will be evaluated and updated. periodically. Among other objectives, these plans will promote the provision of basic services, the incorporation of the linguistic diversity of the Spanish State, the adoption of standards and indicators that facilitate a public service of quality and will promote permanent training programs for library staff.

Chapter VI

Sanctioning Regime

Article 16. The sanctioning authority.

The sanctioning power regulated in this Law will be exercised, in everything not foreseen in it, in accordance with the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Joint Administrative. Their exercise shall be the responsibility of the competent bodies of the autonomous communities which are assigned to them by reason of the matter.

When a criminal case is initiated for a serious infringement, the body that has ordered it will transfer to the competent bodies corresponding to the procurement of the public administrations and the grants awarded by them, in case the facts may, where appropriate, constitute a prohibition or limitation on the right to hire or receive grants, in accordance with the rules applicable to it.

Article 17. Infringements and penalties in the field of fixed price and advertising in the sale of books and discrimination on grounds of disability.

1. Minor infringements shall be considered, without prejudice to the provisions of the autonomous communities, at least the following:

(a) The lack of indication of the selling price in each copy of an edition, corresponding to a book, in accordance with the provisions of Article 9 of this Law.

(b) The offer or sale of a copy of a book to the public at a price other than that fixed in accordance with the provisions of Chapter IV of this Law.

c) Obstruction of the inspector function.

2. Serious infringements shall be considered, without prejudice to the provisions of the autonomous communities, at least the following:

(a) The sale of more than one copy of a book to the public at a price other than that set in accordance with Chapter IV of this Law

(b) The use of the book as a commercial claim for the sale of products of a different nature in an advertising campaign, in accordance with the provisions of Article 9.8.

c) The severe obstruction of the inspector function.

d) Discrimination, for reasons of disability, which prevents users and the professionals themselves from accessing the materials, facilities and services of the library on an equal footing with the rest of the citizens.

3. For the minor infringements referred to in this Article, the following penalties shall be imposed at least:

a) Multa from 1,000 to 10,000 euros.

(b) Minor infringements, depending on their circumstances, may be carried out by a private admonition.

4. For the commission of the serious infringements referred to in this Article, at least the following penalties shall be imposed:

a) Multa from 10,001 to 100,000 euros.

(b) Serious infringements, in the light of their circumstances, may be carried out with public attention, with publication in the Official Journal of the autonomous community concerned and in two regional newspapers, one the sanctioning resolution has a firm character, at the expense of the sanction.

5. The administrative responsibilities for non-compliance with the obligations laid down in this Chapter shall be without prejudice to any legal action which may be exercised under the specific legislation on unfair competition, for the assumptions of obtaining the competitive advantages acquired through the infringement of a legal rule.

Additional disposition first. Legal deposit.

The legal deposit is fundamental to the preservation of culture, making it possible for anyone to access cultural, intellectual and bibliographic heritage, as well as to contribute to the protection of human rights. author in the field of intellectual property. Compliance with the obligation to constitute the legal deposit is an essential condition for guaranteeing the right of access to the information of all citizens, and must be carried out in the terms laid down in the regulations that result from the Therefore, the government will, within the maximum period of one year, transmit a bill to adapt the current regulations to the reality of the State of the Autonomies, to the appearance of new supports and to the changes produced in the sector editorial.

Additional provision second. The Observatory of Reading and the Book.

The Observatory of Reading and the Book, under the Ministry of Culture, with the character of a collegiate body, will have the objective of the permanent analysis of the situation of the book, the reading and the libraries. It will also be responsible for promoting institutional collaboration, in particular with observatories or bodies of similar functions in regional and local authorities, advice, reports, studies and proposals. The Commission has also adopted a report on the subject of reading, book and library. Its composition, competence and functioning shall be regulated, ensuring the presence in this body of all sectors committed and affected by this Law.

Additional provision third. Access to reading, book, and libraries of people with disabilities.

1. Public administrations, in the field of their respective competences, will promote the access of persons with disabilities to reading, to the book, and to libraries, ensuring regular, standardised and non-discriminatory use of this type of services, goods and cultural products.

2. Plans to promote reading and support programmes for the book industry will take into account the particular needs of people with disabilities, especially in the promotion, dissemination and standardisation of formats and methods. accessible, such as media in the braille alphabet, sound media, digital media or easy read systems.

3. For the purposes set out in the preceding paragraphs, the Ministry of Culture and other public administrations shall conclude agreements with the non-profit social initiative entities in the disability sector.

Additional provision fourth. Official publications of the General Administration of the State.

In the case of books published by the General Administration of the State and its Public Bodies, and without prejudice to the provisions of Article 9 of this Law, the provisions of Royal Decree 118/2001 of 9 February, the management of official publications and their development regulations.

Single transient arrangement. Temporary validity of certain rules.

They will remain in force, as long as the corresponding development regulations are not adopted:

(a) With regard to the legal deposit, the Order of the Ministry of Education and Science of 30 October 1971 and the Order of the Ministry of Education and Science of 20 February 1973.

(b) Decree 2984/1972 of 2 November establishing the obligation to record in all classes of books and brochures the ISBN number.

c) The Order of 25 March 1987, for which the Spanish ISBN Agency (International Book Numbering System) is regulated.

(d) Royal Decree 582/1989, of 19 May, approving the Regulation of Public Libraries of the State and the Spanish Library System.

e) Articles 6 and 7 of Royal Decree 484/1990, of 30 March, of Price of sale to the public of books.

Single repeal provision. Regulatory repeal.

1. All rules of equal or lower rank are repealed in that they contradict or oppose the provisions of this Law.

2. The following provisions are expressly repealed:

(a) Law 9/1975 of 12 March of the Book, except for the third and fourth sections of Chapter III thereof.

(b) Article 38 of Royal Decree-Law 6/2000 of 23 June of urgent measures to intensify competition in markets for goods and services.

(c) Royal Decree 484/1990 of 30 March on the sale price to the public of books, with the exception of Articles 6 and 7, which shall remain in force until the relevant implementing rules are adopted.

Final disposition first. Amendments to the Law on Intellectual Property.

The recast text of the Law on Intellectual Property, approved by Royal Legislative Decree 1/1996 of 12 April, is amended as follows:

One. Article 19 (4) is worded as follows:

" Article 19. Distribution.

4. It is understood by loan the making available of originals and copies of a work for its use for limited time without direct or indirect economic or commercial benefit provided that such loan is carried out through establishments accessible to the public.

It is understood that there is no direct or indirect economic or commercial benefit when the loan made by an establishment which is accessible to the public from the place of payment of an amount that does not exceed what is necessary to cover the operating costs. This amount may not include, in whole or in part, the amount of the right of remuneration to be met by the holders of intellectual property rights in accordance with the second paragraph of Article 37. "

Two. Article 37 (2) is worded as follows:

" Article 37. Reproduction, loan and consultation of works by specialised terminals in certain establishments.

2. Also, museums, archives, libraries, hemeroteca, phonecotas or filmotecs of public ownership or belonging to entities of general interest of a cultural, scientific or educational character without profit, or to educational institutions integrated into the Spanish education system, they will not require the authorisation of the right holders for the loans they make.

The owners of these establishments will pay the authors for the loans they make of their works in the amount to be determined by Royal Decree. The remuneration shall be made effective through the entities for the management of intellectual property rights.

The public ownership establishments that serve in municipalities of less than 5,000 inhabitants, as well as the libraries of the educational institutions integrated in the country, are exempted from the remuneration obligation. Spanish educational system.

The Royal Decree establishing the amount will also provide for the necessary collaboration mechanisms between the State, the Autonomous Communities and the local authorities for the fulfilment of the obligations of the remuneration affecting public ownership establishments. "

Three. Article 132 is worded as follows:

" Article 132. Subsidiary application of the provisions of Book I.

The provisions contained in Article 6.1, Section 2, Chapter III, Title II and Chapter II of Title III, except as provided for in the second subparagraph of Article 37 (2), both of the Book I of this Law, shall apply, in the alternative and in the relevant manner, to the other intellectual property rights regulated in this Book. "

Four. A 19th transitional provision is added with the following wording:

" The Royal Decree referred to in the second paragraph of Article 37 of the Recast Text of the Law on Intellectual Property shall be enacted within the maximum period of one year from the entry into force of this Law.

Until the Royal Decree referred to in the previous paragraph is approved, the amount of the remuneration shall be EUR 0.2 for each copy of the work acquired for the loan in the establishments referred to in that paragraph. paragraph.

In this period, the State, the Autonomous Communities and the local corporations will be able to agree on the necessary collaboration mechanisms for the fulfillment of the remuneration obligations that affect the public ownership establishments. "

Final disposition second. Competency enablement.

This Law is dictated by the provisions of Article 149.2 of the Spanish Constitution, which provides that, without prejudice to the powers that the autonomous communities may assume, the State shall consider the service of culture as a duty and essential attribution, and in addition to the following competitive titles:

(a) Article 8, which is issued pursuant to Article 149.1.10. ª.,

(b) Articles 9, 10, 11, 16 and 17, which are issued pursuant to Article 149.1.13

(c) Article 13, which is issued pursuant to Article 149.1.28., and

(d) The first and final first provisions, which are issued under Article 149.1.9. of the Spanish Constitution.

Final disposition third. Regulatory development and enablement.

1. The Government is authorised to issue any provisions necessary for the implementation and development of this Law.

2. Where technical or opportunity reasons so advise, by means of Royal Decree the exceptions to the fixed price provided for in Article 11 may be updated or amended.

Final disposition fourth. Entry into force.

This Law shall enter into force on the day following its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 22 June 2007.

JOHN CARLOS R.

The President of the Acting Government,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ