JOHN CARLOS I

KING OF SPAIN

To all who present it and understand;

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

PREAMBLE

The need to establish a specific legal regime for the so-called intellectual property rights prompted the enactment of the Law of January 10, 1879, a rule of recognized value and opportunity that has so positively contributed to the shaping of our own legal tradition in the field.

However, the legislator at the time could not foresee the profound social transformations that have occurred and, more particularly, the consequences of the development of the means of dissemination of the works of creation that have allowed, for the first time in history, the access of the majority of citizens to culture, but which, in parallel, have facilitated new ways of defrauding intellectual property rights.

These needs for adaptation to the new circumstances have only been partially met in the internal legal system, by the adoption of a number of specific rules on the protection of human rights. on certain works, and internationally, through conventions, in some of which Spain is a party, but without our internal legislation being adapted to the extent necessary.

For all of this, taking into account the prevailing trends in the Member States of the European Community and, in particular, those closest to our legal tradition, this Law establishes, on the basis of a new legal system for intellectual property, which is designed to ensure that the rights to the works of creation are real, concrete and effectively recognised and protected in accordance with the requirements of our time.

In this framework, the Law is structured on two clearly differentiated normative sets: the one concerning the declaration of substantive rights and the regulator of the actions and procedures for the protection of these rights.

In turn, within the first set of rules, the rights that correspond to the author, who perform the purely human and personal task of creation of the work, are determined, on the one hand, and that, therefore, constitute the essential core of the purpose of this Law and, on the other hand, the rights granted to certain natural or legal persons whose intervention is indispensable for the interpretation or execution or for the dissemination of works created by the authors.

As to the copyright law of the author, the Law contains as innovations of relevance its recognition and tutelage for the only fact of the creation of the work; the express regulation of the moral right, which, integrated for a set of rights inherent to the person of the author, it has an inalienable and inalienable character and constitutes the clearest manifestation of the author's sovereignty over his work; the determination of the duration and limits according to the The majority of the countries in our cultural and political environment, as well as the establishment of a general scheme for the transfer of the rights of a patrimonial character.

The general provisions on the transmission of rights of exploitation are of great importance as soon as they constitute the specific regime on this subject in the field of copyright and have the of general precepts giving the authors or their rightholders certain benefits which, with the exception of provisions of the Law itself, are indispensable.

Among the latter, the principle of a restrictive interpretation of the scope of the rights transferred, due to its importance, is particularly worthy of consideration; the nullity of the transfer of rights in respect of all the works that it can create the author in the future, and of the stipulations by which he undertakes not to create any work; the right of proportional participation of the income derived from the exploitation of the work, and the granting of the action of review of the contracts in certain cases which infringe the author's right to obtain remuneration equitable.

Special meaning also has the introduction into our order of some well-known figures in the comparative law, as is the right of the author of plastic arts to participate in the resale price of his works, as well as the right of authors, publishers, producers and performers of works published in the form of a book, phonogram or audiovisual recording, to obtain a compensatory remuneration for the reproductions made for personal use.

The express regulation in the Law of the contracts of edition and representation, as well as of the legal relations derived from the creation of technologically advanced works, as are the audiovisual or the programs of It is justified by the need to adapt the principles laid down in the abovementioned general rules to the special characteristics of these figures. It is intended that, in this way, the rights and obligations of the authors, as well as those of the transferee of the rights of exploitation, can be delimited, according to the prevailing trends in the current historical moment and in the benefit of both parties, by applying a fair balance between the necessary rules of law and the principle of the autonomy of the will.

With regard to the legal regime of the rights deriving from the interpretation or execution, or the production or dissemination of the works of creation, that is, of those other intellectual property rights that in practice have been referred to as related or related, the Law has essentially followed the criteria set by the Rome Convention of 1961 and the Geneva Convention of 1971. With this regulation, which in no case is a limitation for copyright, the legitimate interests of an important professional and industrial sector closely linked to the culture, which in the last few years, have been given adequate satisfaction. years have been particularly affected by the fraud procedures arising from the new technologies and which, for the same reason, were particularly in need of obtaining their express recognition and protection in a standard legal.

Regarding the protection of intellectual property rights, the Law establishes the rules regarding the jurisdictional guarantees of the aforementioned rights, defining the content of the actions exercisable and determining the appropriate procedural instruments for that purpose.

With the definition of the measures that are to be called judicially in the face of the infringement of the intellectual property rights, the appropriate distinction is established between those aimed at obtaining the cessation of the illicit activity and the which are intended to repair the damage and to compensate for the damage caused. The procedural rules of a precautionary nature are intended to ensure that the protection sought is obtained, with the urgency due, as well as to ensure that the need for the measures to be adopted is duly justified.

On the other hand, while the recognition of intellectual property rights is not subject to formal requirements of any kind, the Law empowers the holders of such rights to, as a special measure of protection and safeguard, proceed to your registration in the Intellectual Property Registry and can use the symbols created by international conventions on the subject.

The Law also determines the legal framework of the collective management of the rights established by it. It is a fact, recognised by the institutions of the European Community, that the holders of intellectual property rights can only achieve their real effectiveness by acting collectively through organisations exercising powers of mediation or management of the rights mentioned.

Therefore, taking into account the current constitutional law, the evolution of comparative law and the accumulated experience on the matter, the Law establishes certain rights and obligations for the entities that intend to engage in the collective management of intellectual property rights.

The requirements and obligations established, as well as the powers of authorization and supervision over these Entities that the Law attributes to the Ministry of Culture, are intended to guarantee the effectiveness of the administration of the rights entrusted. In particular, it is intended to establish the means of control by the holders of the rights included in the management of the Entity and, likewise, to promote the dissemination of the works and the exploitation of the rights managed. To this end, the Law recognizes the right of users to use the works on reasonable terms and promotes the solution of the conflicts that may arise through the intervention, if any, of the Arbitration Commission for Human Rights. Intellectual property which, to this effect, is created within the Ministry of Culture.

Finally, the scope of the Law is set according to the criteria of the Civil Code, the principle of reciprocity and the principles marked by the international conventions in which Spain is a party.

In short, through the set of institutions analyzed, which represent a profound modernization of the legal system of intellectual property, this Law proposes to give adequate satisfaction to the demand of our society to grant due recognition and protection of the rights of those through the works of creation contribute so prominently to the formation and development of culture and science for the benefit and enjoyment of all citizens.

BOOK FIRST

Copyright

TITLE FIRST

General provisions

Article 1.

The intellectual property of a literary, artistic or scientific work corresponds to the author by the mere fact of its creation.

Article 2.

Intellectual property is composed of personal and patrimonial rights, which attribute to the author the full disposition and exclusive right to the exploitation of the work, without any limitations other than those established in the Law.

Article 3.

Copyright rights are independent and compatible with:

1. The property and other rights that have as object the material thing to which the intellectual creation is incorporated.

2. º Industrial property rights that may exist on the work.

3. The other intellectual property rights recognized in book II of this Law.

Article 4.

For the purposes of the provisions of this Law, it is understood by the disclosure of a work any expression thereof that, with the consent of the author, makes it accessible for the first time to the public in any form; and by publication, the disclosure that is made by making available to the public a number of copies of the work that reasonably satisfy their estimated needs in accordance with the nature and purpose of the work.

TITLE II

Subject, object, and content

CHAPTER FIRST

Subject

Article 5.

1. The natural person who creates some literary, artistic or scientific work is considered an author.

2. However, the protection afforded to the author by this Law may benefit legal persons in the cases expressly provided for therein.

Article 6.

1. The author shall be presumed, unless proof to the contrary, to the person who appears as such in the work, by name, signature or sign identifying him.

2. Where the work is disclosed in an anonymous form or under a pseudonym or sign, the exercise of the intellectual property rights shall be the responsibility of the natural or legal person who takes the work to the light with the consent of the author, while the author does not disclose identity.

Article 7.

1. The rights to a work that is a unitary result of the collaboration of several authors correspond to all of them.

2. The consent of all co-authors is required to disseminate and modify the work. In default, the judge will resolve.

Once the work is disclosed, no coauthor can unreasonably refuse consent to their exploitation in the way it was disclosed.

3. Subject to the agreement between the co-authors of the work in collaboration, they may exploit their contributions separately, unless they cause injury to the common holding.

4. The Intellectual Property rights on a work in collaboration correspond to all authors in the proportion that they determine. As not provided for in this Law, the rules established in the Civil Code for the community of goods will apply to these works.

Article 8.

It is considered a collective work created by the initiative and under the coordination of a natural or legal person who publishes and publishes it under its name and is constituted by the meeting of contributions of different authors whose personal contribution is founded on a unique and autonomous creation, for which it has been conceived without it being possible to attribute separately to any of them a right on the set of the work performed.

Unless otherwise agreed, the rights to the collective work shall correspond to the person who edited and divulges it under his or her name.

Article 9.

1. The new work which incorporates a pre-existing work without the collaboration of the author of the latter shall be considered to be composed, without prejudice to the rights that correspond to it and to its necessary authorization.

2. Independent work shall be considered as an autonomous creation, even if it is published jointly with others.

CHAPTER II

Object

Article 10.

1. All original literary, artistic or scientific creations expressed by any medium or medium, tangible or intangible, currently known or invented in the future, are the object of intellectual property, including:

(a) Books, brochures, printed, epistolary, written, speeches and addresses, lectures, forensic reports, professorship explanations and any other works of the same nature.

b) Music compositions, with or without lyrics.

c) The dramatic and dramatic works, the choreographies, the pantomimas and, in general, the theatrical works.

d) cinematographic works and any other audiovisual works.

e) Sculptures and works of painting, drawing, engraving, lithography, and graphic comics, tebeos or comics, as well as their essays or sketches and other plastic works, whether or not they are applied.

f) Projects, plans, models and designs of architectural and engineering works.

g) Charts, maps and designs relating to topography, geography and, in general, to science.

h) photographic works and those expressed by procedure analogous to photography.

i) Computer programs.

2. The title of a work, when it is original, will be protected as part of it.

Article 11.

Without prejudice to copyright on the original work, they are also the subject of intellectual property:

1. º Translations and adaptations.

2. The revisions, updates, and annotations.

3. The Compenses, Summaries and Extracts.

4. The musical arrangements.

5. Cue-transformations of a literary, artistic or scientific work.

Article 12.

They are also the object of intellectual property, in the terms of this Law, the collections of other works, such as anthologies, and those of other elements or data than for the selection or disposal of the materials they constitute intellectual creations, without prejudice, where appropriate, to the rights of authors of the original works.

Article 13.

The laws or regulations and their corresponding projects, the decisions of the courts and the acts, agreements, deliberations and opinions of the Bodies are not the subject of intellectual property. public, as well as the official translations of all previous texts.

CHAPTER III

Content

Section 1. 1st moral law

Article 14.

The author corresponds to the following inalienable and inalienable rights:

1. Deciding if your work is to be disclosed and in what form.

2. º Determine if such disclosure is to be made with its name, under pseudonym or sign, or anonymously.

3. Enforce the recognition of his/her status as the author of the work.

4. To demand respect for the integrity of the work and to prevent any deformation, modification, alteration, or attack against it that would prejudice its legitimate interests or undermine its reputation.

5. Modify the work respecting the rights acquired by third parties and the requirements of protection of goods of cultural interest.

6. To withdraw the work of commerce, in exchange for its intellectual or moral convictions, after compensation of damages to the owners of rights of exploitation.

If, subsequently, the author decides to resume the exploitation of his work, he must preferably offer the corresponding rights to the previous holder of the same and in conditions reasonably similar to the original ones.

7. º Access to the unique or rare copy of the work, when it is held by another, in order to exercise the right of disclosure or any other right that corresponds to it.

This right will not permit the movement of the work and the access to it will take effect in the place and form that will cause less discomforts to the holder, to which will be compensated, if necessary, for the damages to be irradiated.

Article 15.

1. To the death of the author, the exercise of the rights mentioned in the numbers 3. º and 4. of the previous article corresponds, without limit of time, to the natural or legal person to which the author has expressly entrusted it to him last will. Failing that, the exercise of these rights shall be the responsibility of the heirs.

2. The same persons referred to in the preceding paragraph and in the same order as in that paragraph may exercise the right provided for in Article 14, number 1, in relation to the undisclosed work of the author and for a period of 60 years from his death or death declaration, without prejudice to the provisions of Article 40.

Article 16.

Whenever the persons referred to in the previous article do not exist, or their whereabouts are ignored, the State, the Autonomous Communities, the Local Corporations and the public institutions of a cultural character shall be entitled to exercise the rights provided for therein.

Section 2. Rights of exploitation

Article 17.

The author corresponds to the exclusive exercise of the rights of exploitation of his work in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, which may not be carried out without their authorisation, except in the cases provided for in this Law.

Article 18.

It is understood by reproduction the fixation of the work in a medium that allows its communication and the obtaining of copies of all or part of it.

Article 19.

Distribution is understood to be made available to the public of the original or copies of the work by sale, rent, loan or otherwise.

When the distribution is made by sale, this right is extinguished from the first.

Article 20.

1. Public communication shall mean any act whereby a plurality of persons may have access to the work without prior distribution of copies to each of them.

Communication shall not be considered to be public when it is held within a strictly domestic domain that is not integrated or connected to a broadcast network of any kind.

2. In particular, they are acts of public communication:

(a) Performing performances, recitations, lectures and public executions of dramatic, dramatic musical, literary and musical works by any means or procedure.

b) The public display or exhibition of cinematographic works and other audiovisual works.

c) The emission of any works by broadcast or by any other means that serves for the wireless diffusion of signs, sounds or images. The concept of emission comprises the production of signals from a terrestrial station to a broadcasting or telecommunication satellite.

(d) The transmission of any works to the public by wire, cable, optical fibre or any other analogue procedure, whether or not by means of fertiliser.

e) The retransmission, by any of the means mentioned in the previous paragraphs and by the issuing Entity other than the one of origin, of the broadcast or televised work.

(f) The emission or transmission, in place accessible to the public by any suitable instrument, of the work broadcast by radio or television.

g) Public exhibition of works of art or their reproductions.

h) Public access to computer databases by means of telecommunication, when they incorporate or constitute protected works.

Article 21.

1. The transformation of the work includes its translation, adaptation and any other modification in its form from which a different work is derived.

2. The intellectual property rights of the work resulting from the transformation shall correspond to the author of the work, without prejudice to the rights of the author of the pre-existing work.

Article 22.

The assignment of exploitation rights to your works will not prevent the author from publishing them together in a chosen or complete collection.

Article 23.

The operating rights regulated in this Section are independent of each other.

Section 3. Other Rights

Article 24.

1. In case of resale of works of plastic arts carried out in public auction, in commercial establishment or with the intervention of a trader or commercial agent, the author shall have the right to demand from the seller a participation of 2 per 100 of the the price of disposal, if this is higher than the amount which is regulated.

Works of applied arts shall not benefit from the provisions of the preceding paragraph.

2. Auctioneers, traders and agents involved in the resale must communicate it to the author directly or through the relevant Management Entity within two months and provide him with the information necessary for the liquidation of the their right. They will also retain the corresponding percentage of the sales price and make it available to the author. The action to claim the said participation will be prescribed three years after the date of notification of the resale.

3. This right is inalienable and untransmittable.

Article 25.

1. The authors of works published in the form of a book, phonogram or any other sound or visual medium, together with the editors or producers of such works and with the artists, performers, whose performances are fixed in the They shall be entitled to take part in a compensatory payment for the reproductions of such works, carried out exclusively for personal use by means of non-typographical technical equipment.

2. Such remuneration shall be required from manufacturers or importers of equipment and materials intended for commercial distribution in Spain, which allow the reproduction of works for the purposes set out in the previous paragraph.

3. The Government shall regulate the procedure for determining the subject equipment and materials, the amount, the collection system and the distribution of the remuneration. These rights will be made effective through the corresponding Management Entities.

TITLE III

Duration and Limits

CHAPTER FIRST

Duration

Article 26.

The exploitation rights of the work will last the entire life of the author and sixty years after his death or death declaration.

Article 27.

1. The rights of exploitation of the work disclosed after the death of the author shall last sixty years from the date of its disclosure, provided that it takes place in the sixty years following his death.

2. In the case of pseudonymous or anonymous works, the rights of exploitation shall last sixty years from their disclosure, unless the author is known before the date of completion of this period, in which case the provisions of the preceding article shall apply.

However, if the author reveals his identity in a feisty way, during his widow or by will, the provisions of the previous article shall apply, without prejudice to the acquired rights, if the author reveals his identity in a feisty way. under the preceding paragraph.

Article 28.

1. In the work carried out in collaboration by several authors, the term of duration of the exploitation rights will be computed from the death of the last co-author.

2. The duration of the said rights on the collective work shall be sixty years from its disclosure.

3. The joint publication of several contributions, which do not constitute unitary creation, even if they are related to each other, will be governed, as regards the duration of the respective rights of their authors, as a general rule in the Article 26.

Article 29.

1. In the case of a work published by parts, volumes or deliveries, which are not independent, the term of protection of the work shall be counted from the publication of the last of those.

2. For these purposes, the appendices, yearbooks and other additions of a work shall be considered as independent of the work.

Article 30.

The time limits set forth in this chapter shall be computed from the first day of January of the year following that of the death or declaration of death of the author or to the disclosure or publication of the work, as appropriate.

CHAPTER II

Limits

Article 31.

Works already disclosed may be reproduced without authorization from the author in the following cases:

1. º As a consequence or for constancy in a judicial or administrative procedure.

2. For private use of the copyist and provided that the copy is not a collective or lucrative use.

3. º For the private use of blind, provided that the reproduction is carried out by the Braille system or other specific procedure and that the copies are not used for profit.

Article 32.

The inclusion in a work of fragments of others of a written, sound or audiovisual nature, as well as that of isolated works of a plastic, photographic, figurative or analogous character, is lawful, provided that it is works are already disclosed and their inclusion is made by appointment or for analysis, commentary or critical judgment. Such use may only be carried out for teaching or research purposes, to the extent justified by the purpose of such incorporation and indicating the source and name of the author of the work used.

Regular collections made in the form of press reviews or journals will be considered as appointments.

Article 33.

1. The works and articles on current affairs disseminated by the social media can be reproduced, distributed and publicly communicated by any other of the same class, quoting the source and the author if the work appeared with signature and provided that the reservation of rights had not been established at source. This is without prejudice to the author's right to receive the agreed remuneration or, in the absence of an agreement, that which is deemed to be equitable.

When it comes to literary collaborations it will be necessary, in any case, the appropriate authorization of the author.

2. Likewise, conferences, addresses, reports before the courts and other works of the same character that have been issued in public may be reproduced, distributed and communicated, provided that such uses are made with the exclusive purpose of report on the current situation. This last condition will not apply to speeches made in parliamentary sessions or public corporations. In any case, the author is reserved for the right to publish such works in collection.

Article 34.

Any work likely to be seen or heard on the occasion of information on current events can be reproduced, distributed and communicated publicly, but only to the extent that it justifies it. informational purpose.

Article 35.

Works permanently located in parks, streets, squares or other public roads can be reproduced, distributed and communicated freely through paintings, drawings, photographs and audiovisual procedures.

Article 36.

1. The authorisation to issue a work includes the transmission by cable of the issue, where it is carried out simultaneously and in full by the Entity of origin and without exceeding the geographical area provided for in that authorisation.

2. In addition, the said authorisation includes its incorporation into a programme directed towards a satellite which allows the reception of this work through an entity other than the one of origin, where the author or his/her right holder has authorised the latter Entity to communicate the work to the public, in which case, in addition, the source station shall be exempt from payment of any remuneration.

3. The transfer of the right of public communication of a work, when it is carried out through broadcasting, will entitle the broadcaster to register the same by its own means and for its own wireless broadcasters, to the object of to carry out, for one time, the authorised public communication. The transfer of the right of reproduction and of public communication will be necessary for new broadcasts of the work thus registered.

Article 37.

Copyright holders will not be able to oppose the reproductions of the works, when those are made without profit by the museums, libraries, fonoteca, filmotecs, hemerotecas or archives, public or integrated in institutions of a cultural or scientific nature and reproduction is carried out exclusively for research purposes.

Article 38.

The execution of musical works in the course of official acts of the State, of Public Administrations and religious ceremonies will not require the authorization of rightholders, provided that the public can attend they are free of charge and the artists in the same act do not receive specific remuneration for their interpretation or execution in those acts.

Article 39.

It shall not be considered a transformation that requires the author's consent to the parody of the work disclosed, as long as it does not involve a risk of confusion with the work or an injury to the original work or to its author.

Article 40.

If to the death or declaration of the death of the author, his or her rights holders exercise their right to the non-disclosure of the work, under conditions that violate the provisions of Article 44 of the Constitution, the Judge may order appropriate measures at the request of the State, the Autonomous Communities, the Local Corporations, the public institutions of a cultural character or any other person having a legitimate interest.

TITLE IV

Public Domain

Article 41.

The extinction of the exploitation rights of the works will determine their passage to the public domain.

Works of public domain may be used by anyone, provided that the authorship and integrity of the work are respected, in the terms provided for in the third and fourth quarters of Article 14.

TITLE V

Transmission of rights

CHAPTER FIRST

General provisions

Article 42.

The exploitation rights of the work are transmitted, "mortis causa", by any of the media admitted in law.

Article 43.

1. The exploitation rights of the work may be transmitted by means of live acts, with the transfer to the right or rights transferred to the modalities of exploitation expressly provided for and the time and territorial scope to be determined.

2. The lack of mention of time limits the transmission to five years and that of the territorial scope to the country in which the transfer takes place. If the modes of operation of the work are not specifically and specifically expressed, the transfer shall be limited to that which is necessarily deducted from the contract itself and is indispensable for the purpose of the contract.

3. The assignment of exploitation rights in relation to the set of works that the author can create in the future will be null and void.

4. The stipulations by which the author undertakes not to create any work in the future will be null and void.

5. The transmission of the rights of exploitation does not reach the modes of use or means of dissemination that are not available or unknown at the time of the transfer.

Article 44.

Authors under the age of eighteen and over sixteen, who live independently with the consent of their parents or guardians or with the authorization of the person or institution that holds them, have full capacity to yield operating rights.

Article 45.

All cession must be formalized in writing. If, upon request, the transferee fails to comply with this requirement, the author may opt for the termination of the contract.

Article 46.

1. The assignment granted by the author for consideration gives him a proportional share in the income of the holding, in the amount agreed with the transferee.

2. However, a flat-rate remuneration may be provided for the author in the following cases:

(a) Where, in the form of exploitation, there is serious difficulty in determining the income or its verification is impossible or of a disproportionate cost with the possible remuneration.

(b) Where the use of the work is ancillary to the activity or material object to which it is intended.

c) When the work, used with others, does not constitute an essential element of the intellectual creation in which it is integrated.

d) In the case of the first or only edition of the following unreleased works:

-Dictionaries, anthologies, and encyclopedias.

-Prologers, annotations, introductions, and presentations.

-Scientific works.

-illustration jobs of a work.

-Translations.

-Popular edits at reduced prices.

Article 47.

If a manifest disproportion between the remuneration of the author and the benefits obtained by the transferee is produced in the lump-sum transfer, he may ask for the revision of the contract and, in the absence of an agreement, go to the Judge to set a fair remuneration, given the circumstances of the case. This power may be exercised within 10 years of the transfer.

Article 48.

The exclusive assignment must be expressly granted with this character and shall attribute to the transferee, within the scope of that, the power to exploit the work with the exclusion of another person, understood by the transferor himself, and, except Otherwise, it will be necessary to grant non-exclusive authorizations to third parties. It also gives it legitimacy, regardless of that of the transferor, to pursue violations affecting the powers granted to it.

This assignment constitutes the transferee in the obligation to put all the necessary means for the effectiveness of the exploitation granted, according to the nature of the work and the uses in force in the professional, industrial or trade in question.

Article 49.

The exclusive transferee may transmit to another its right with the express consent of the transferor.

In default of consent the transferee will respond in solidarity to the first transferor of the obligations of the cession.

Consent shall not be required where the transmission takes effect as a result of the dissolution or change of ownership of the transferee.

Article 50.

1. The non-exclusive transferee shall be entitled to use the work in accordance with the terms of the transfer and in concurrence with other transferee and the transferor himself. Their right shall be untransmittable, except in the cases provided for in the third paragraph of the previous Article.

2. The non-exclusive authorisations granted by the Management Entities for the use of their repertoires shall, in any case, be non-communicable.

Article 51.

1. The transfer to the employer of the rights of exploitation of the work created by virtue of an employment relationship shall be governed by the contract, which must be in writing.

2. In the absence of a written agreement, it shall be presumed that the rights of exploitation have been transferred exclusively and with the necessary scope for the exercise of the employer's usual business at the time of the delivery of the work carried out pursuant to that employment relationship.

3. In no case may the employer use the work or dispose of it for a purpose other than those arising from the provisions of the previous two paragraphs.

4. The other provisions of this Law shall, as appropriate, apply to such transmissions, provided that this is derived from the purpose and subject of the contract.

Item 52.

Unless otherwise stipulated, authors of works reproduced in periodicals retain their right to exploit them in any way that does not prejudice the normal of the publication in which they have been inserted.

The author may freely dispose of his work, if it is not reproduced within one month of his submission or acceptance in the daily publications or in the six months in the other, unless otherwise agreed.

The remuneration of the author of these works may consist of a lump sum.

Article 53.

1. The rights of exploitation of the works protected in this Law may be subject to mortgage under the legislation in force.

2. The rights of exploitation corresponding to the author are not embargable, but if it is their fruits or products that will be considered as wages, both in respect to the order of precedence for the embargo, as to holds or an inembargable part.

Article 54.

The money credits for the transfer of operating rights have the same consideration as that of the accruals for salaries or salaries in the conferees procedures of the transferee, with the limit of two annuities.

Article 55.

Unless the law itself is available, the benefits conferred on the authors and their successors in this title shall be unrenountable.

Article 56.

1. The acquirer of the ownership of the support to which the work has been incorporated shall not, by this title, have any right of exploitation over the latter.

2. However, the owner of the original of a work of plastic arts or of a photographic work shall have the right of public exhibition of the work, even if it has not been disclosed, unless the author has expressly excluded this right in the act of disposal of the original. In any event, the author may object to the exercise of this right, through the application, if any, of the precautionary measures provided for in this Law, when the exhibition is carried out under conditions that damage his honor or professional reputation.

Article 57.

The transmission of copyright for exploitation through the modalities of editing, representation or execution, or production of audiovisual works will be governed, respectively and in any case, by the specific provisions of this book I and, as far as I do not foresee in them, as set out in this chapter.

The rights transfers for each of the different operating modalities should be formalized in independent documents.

CHAPTER II

Edit Contract

Article 58.

By the publishing contract, the author or his or her rightholders give the publisher the right to reproduce his work and distribute it by means of economic compensation. The publisher is required to perform these operations on their own and at risk in the agreed conditions and subject to the provisions of this Law.

Article 59.

1. Future works are not the subject of the regulated edition contract in this Law.

2. The assignment of a work is not the subject of the contract of issue, but the remuneration that could be agreed will be considered as an advance of the rights that the author would correspond to the edition, if it is realized.

3. The provisions of this Chapter shall also not apply to collaborations in periodicals, unless required, where appropriate, by the nature and purpose of the contract.

Article 60.

The edit contract must be formalized in writing and express in any case:

1. º If the assignment of the author to the editor is unique.

2. Your territorial scope.

3. º The maximum and minimum number of copies that will reach the edition or each of the ones that are agreed.

4. The form of distribution of the copies and those who reserve the author, the criticism and the promotion of the work.

5. º The remuneration of the author, established in accordance with the provisions of Article 46 of this Law.

6. The deadline for the entry into circulation of the copies of the only or first edition, which may not exceed two years since the author gives the editor the work in suitable conditions to perform the reproduction of the same.

7. The term in which the author must deliver the original of his work to the editor.

Article 61.

1. The non-formalised contract shall be null and void, as well as the contract which does not express the ends required in the numbers 3. and 5. of the previous article.

2. The omission of the ends mentioned in the numbers 6. and 7. of the previous article will give action to the contractors to compelse each other to correct the fault. In accordance with the circumstances of the contract, the Judge shall do so in accordance with the circumstances of the contract, the acts of the parties in their execution, and the uses.

Article 62.

1. In the case of the publication of a work in the form of a book, the contract must also express the following:

(a) The language (s) in which the work is to be published.

(b) The advance to be granted by the publisher to the author on account of his rights.

c) The mode or modes of editing and, where applicable, the collection of which they will be a part.

2. The lack of expression of the language or languages in which the work is to be published shall only entitle the publisher to publish it in the original language of the work.

3. When the contract establishes the edition of a work in several official Spanish languages, the publication in one of them does not exempt the publisher from the obligation to publish it in the others.

If five years after the author delivers the work, the publisher has not published it in all the languages provided for in the contract, the author may resolve it in respect of the languages in which it has not been published.

4. The provisions of the above paragraph shall also apply to translations of foreign works in Spain.

Article 63.

The limitation of the time limit provided for in Article 60 (6) does not apply to editions of the following types of works:

1. Ants of other works, dictionaries, encyclopedias, and similar collections.

2. First Prologers, Epilogues, presentations, introductions, annotations, comments and illustrations of other works.

Article 64.

These are the obligations of the editor:

1. Play the work in the agreed form, without introducing any modification that the author has not consented to and stating in the copies the name, signature or sign that identifies it.

2. º Submit the tests of the print run to the author, unless otherwise agreed.

3. Proceed to the distribution of the work within the stipulated time and conditions.

4. To assure the work a continuous exploitation and commercial diffusion according to the usual uses in the professional sector of the edition.

5. To satisfy the author of the stipulated remuneration and, where this is proportional, at least once each year, the timely settlement of the content of which will be accountable to the author. It shall also make available annually to the author a certificate specifying the data relating to the manufacture, distribution and stock of copies. For these purposes, if the author so requests, the publisher shall provide the appropriate supporting documents.

6. º Restituir the author of the work, object of the edition, after the printing and print operations of the work are completed.

Article 65.

The author's obligations are:

1. Deliver the editor in due form for its reproduction and within the agreed term the work object of the edition.

2. Reply to the editor of the authorship and originality of the work and of the peaceful exercise of the rights that you have given you.

3. Correct the test of the run, unless otherwise agreed.

Article 66.

The author, during the period of proof, may enter in the work the modifications that he considers essential, provided that they do not alter his character or purpose, nor substantially increase the cost of the edition. In any event, the editing contract may provide for a maximum percentage of corrections on the whole of the work.

Article 67.

1. The publisher may not, without the consent of the author, sell as balance the edition before two years of the initial entry into circulation of the copies.

2. After that period, if the publisher decides to sell the balance, it shall notify the author, who may choose to acquire them by exercising the balance, or, in the case of proportional remuneration, to receive 10 per 100 of the invoiced by the editor. The option shall be exercised within 30 days of receipt of the notification.

3. If, after the same period, the editor decides to destroy the other copies of an edition, he must also notify the author, who may require that all or part of the copies be given free of charge, within thirty days. from the notification. The author may not use such copies for commercial purposes.

Article 68.

1. Without prejudice to the indemnities to which you are entitled, the author may terminate the contract in the following cases:

a) If the editor does not perform the editing of the work within the agreed timeframe and conditions.

(b) If the publisher fails to comply with any of the obligations referred to in Article 64 (2), (4), and (5), notwithstanding the express requirement of the author to enforce it.

(c) If the publisher proceeds to the sale as a balance or to the destruction of the copies which subtract it from the edition, without complying with the requirements laid down in Article 67.

d) If the publisher improperly cedes their rights to a third party.

e) When, several editions are planned and the last one has been exhausted, the editor does not carry out the following edition within one year of the time required for this by the author. An edition shall be deemed to be exhausted for the purposes of this Article where the number of unsold copies is less than 5 per 100 of the total of the edition and, in any case, less than 100.

f) In the case of liquidation or change of ownership of the publishing company, provided that the reproduction of the work has not been initiated, with return, if any, of the amounts received as an advance.

2. Where the exploitation of the work is suspended due to the cessation of the activity of the publisher or the result of a bankruptcy procedure, the judicial authority may, at the request of the author, fix a period for the resumption of the work, the contract being terminated. if this is not done.

Article 69.

The edit contract is extinguished, in addition to the general causes of termination of contracts, for the following:

1. th By the termination of the agreed term.

2. For the sale of all copies, if this would have been the destination of the edition.

3. For the course of ten years from the transfer if the remuneration had been agreed exclusively on a flat-rate basis in accordance with Article 46 (2) (d) of this Law.

4. In any case, 15 years after the author has placed the author in a position to perform the reproduction of the work.

Item 70.

Extinguished the contract and unless otherwise stipulated, the editor, within the next three years and whatever the form of distribution agreed upon, may dispose of the copies which, if any, he possesses. The author may acquire them for 60 per 100 of his selling price to the public or for which he is determined to be a pericially or to opt for the sale price.

Such disposal shall be subject to the conditions laid down in the contract extinguished.

Article 71.

The contract for the editing of musical works or dramati-musicals for which the publisher is also granted public communication rights, shall be governed by the provisions of this chapter, without prejudice to the following rules:

1. The contract will be valid even if the number of copies is not expressed. However, the publisher shall make and distribute copies of the work in sufficient quantity to meet the normal needs of the holding granted in accordance with the usual use in the professional sector of the musical edition.

2. For symphonic and drama-musical works the time limit provided for in Article 60 (6) is five years.

3. The provisions of Article 68 (1), (c), Article 68 (1), (c) and (4) of Article 69 shall not apply to this contract.

Article 72.

The number of copies of each edition will be subject to spin control through the procedure that is regulated, the professional sectors affected.

The non-compliance by the publisher of the requirements that are available to them, will empower the author or his successors in title to resolve the contract, without prejudice to the responsibilities of the publisher.

Article 73.

The authors and editors, through the management entities of their corresponding intellectual property rights or, in their absence, through the representative associations of each other, will be able to agree conditions general for the contract of editing, within the respect of the Law.

CHAPTER III

Theatrical Rendering and Music Execution Contract

Article 74.

By the contract regulated in this chapter, the author or his or her rightholders give to a natural or legal person the right to represent or to publicly perform a literary, dramatic, musical, dramati-musical, pantomimical work or choreographic, by means of economic compensation. The transferee is obliged to carry out the public communication of the work in the agreed conditions and subject to the provisions of this Law.

Article 75.

1. The parties may contract the transfer by a certain time or by a specified number of communications to the public.

In any event, the duration of the exclusive assignment may not exceed five years.

2. The contract shall stipulate the period within which the single or first communication of the work must be carried out. This period may not exceed two years from the date of the contract or, where appropriate, since the author placed the employer in a position to carry out the communication.

If the deadline is not set, it will be understood for one year. In the case of the object of the performance of the work, the term of the term shall be the duration of the season corresponding to the time of the conclusion of the contract.

Article 76.

If the approved modalities have not been determined in the contract, they will be limited to those of recitation and representation in theaters, halls or enclosures whose entry requires the payment of a sum of money.

Article 77.

These are the author's obligations:

1. Give to the entrepreneur the text of the work with the score, if any, completely instrumented, when it had not been published in printed form.

2. To respond to the transferee of the authorship and originality of the work and of the peaceful exercise of the rights that it has given to it.

Article 78.

The transferee is bound:

1. To carry out the public communication of the work within the agreed period or determined in accordance with Article 75 (2).

2. To carry out such communication without making in the work variations, additions, cuts or deletions not consented to by the author and in technical conditions that do not impair the moral right of this.

3. To guarantee the author or his representatives the inspection of the public representation of the work and the assistance to it free of charge.

4. º To promptly satisfy the author of the agreed remuneration, which shall be determined in accordance with the provisions of Article 46 of this Law.

5. To present to the author or his representatives the exact program of the acts of communication and when the remuneration is proportional, a statement of the income. The transferee shall also provide them with the verification of such programmes and declarations.

Article 79.

Public show entrepreneurs will be considered to be depositaries of the remuneration corresponding to the authors for the communication of their works, when the latter consists of a proportional participation in the income. Such remuneration shall be made available on a weekly basis to the authors or their representatives.

Item 80.

Unless otherwise agreed by the parties, they shall be subject to the execution of the contract to the following rules:

1. It shall be the responsibility of the transferee to obtain the copies necessary for the public communication of the work. These must be endorsed by the author.

2. The author and the transferee shall choose by mutual agreement the principal interpreters and, in the case of orchestras, choirs, dance groups and similar artistic ensembles, the director.

3. The author and the transferee shall agree to the wording of the publicity of the acts of communication.

Article 81.

The contract may be resolved by the author's will in the following cases:

1. º If the employer who acquired exclusive rights, once the public representations of the work have been initiated, will interrupt them for one year.

2. º If the employer fails to comply with the obligation referred to in the first paragraph of Article 78.

3. º If the employer fails to comply with any of the obligations mentioned in the numbers 2. º, 3. º, 4. º and 5. º of the same article 78, after having been required by the author to comply.

Article 82.

The contract of representation is extinguished, in addition to the general causes of extinction of the contracts, when, in the case of a work of premiere and being its scenic representation the only modality of communication contemplated in the contract, the contract would have been clearly rejected by the public and would have been expressed in the contract.

Article 83.

The contract of representation for the purpose of public execution of a musical composition shall be governed by the provisions of this chapter, provided that the nature of the work and the modality of the communication so permit. authorized.

Article 84.

1. The transfer of the right of public communication of works referred to in this Chapter, by way of broadcasting, shall be governed by the provisions of this Chapter, with the exception of the provisions of Article 81 (1

.

2. Unless otherwise agreed, such transfer shall be deemed to be limited to the issuance of the work for one time, carried out by wireless means and the issuing centres of the authorised broadcasting organisation, within the territorial scope determined in the contract, without prejudice to the provisions of Article 36 (1) and (2

.

Article 85.

The authorizations that the author grants to an employer so that he can proceed to a public communication of his work, without being obliged to do so, shall be governed by the provisions of this chapter in what is applicable to them.

TITLE VI

Of cinematographic works and other audiovisual works

Article 86.

1. The provisions of this Title shall apply to cinematographic works and other audiovisual works, with the understanding of the creations expressed by means of a series of associated images, with or without built-in sonorisation, which are essentially intended to be displayed by means of projection apparatus or any other means of public communication of the image and sound, irrespective of the nature of the material supports of such works.

2. All the works set out in this Article shall be hereinafter referred to as audiovisual works.

Item 87.

They are authors of the audiovisual work in the terms provided for in Article 7 of this Law:

1. The director-director.

2. The authors of the argument, the adaptation, and those of the hyphen or dialogs.

3. The authors of the musical compositions, with or without lyrics, created specially for this work.

Article 88.

1. Without prejudice to the rights of the authors, the contract of production of the audiovisual works shall be presumed to be exclusive to the producer, subject to the limitations laid down in this title, the rights of reproduction, distribution and public communication, as well as the dubbing or subtitling of the work.

However, in the cinematographic works the express permission of the authors for their exploitation, by making available to the public copies in any system or format, for their use in the domestic sphere, or through its public communication through broadcasting.

2. Unless otherwise specified, the authors may provide their input in isolation, provided that the normal exploitation of the audiovisual works is not prejudiced.

Article 89.

1. By the contract of conversion of a pre-existing work which is not in the public domain, the author of the work shall be presumed to give the producer of the audiovisual work the rights of exploitation on it in the terms laid down in the Article 88.

2. Unless otherwise agreed, the author of the pre-existing work shall retain his rights to exploit it in the form of graphic editing and stage representation and, in any case, may dispose of it for another audiovisual work at the age of 15 years their contribution to the producer's disposal.

Article 90.

1. The remuneration of the authors of the audiovisual work for the assignment of the rights referred to in Article 88 and, where appropriate, the remuneration of the authors of the pre-existing works, whether processed or not, shall be determined for each one of the operating modalities granted.

2. In any event and regardless of the agreement in the contract, where the audiovisual work is projected in public places by means of payment of an entry price, the authors mentioned in the previous paragraph will be entitled to receive publicly display such work a percentage of the revenue from that public display. The amounts paid for by this concept may be deducted by the exhibitors from which the transferors of the audiovisual work are to be paid.

This right is inalienable and untransmittable by means of live acts. In the case of export of the audiovisual works, the authors may give up the right mentioned by a given quantity, when in the country of destination it is impossible or seriously difficult for them to exercise the right.

Employers in public rooms or exhibition premises must make available to the authors the amounts collected for the purposes of this remuneration. For these purposes, the Government may provide for regulatory procedures for control procedures.

3. The projection, display or transmission, duly authorized, of an audiovisual work by any procedure, without requiring payment of an entry price, will entitle the authors to receive the remuneration that comes, according to the rates general established by the relevant management entity.

4. In order to make it easier for the author to exercise the rights corresponding to the exploitation of the audiovisual work, the producer, at least once a year, must provide the author with the necessary documentation.

5. The provisions of paragraphs 2 and 3 shall not apply to authors of audiovisual works of an advertising nature.

Article 91.

Where the contribution of an author is not completed by unjustified refusal of the author or by force majeure, the producer may use the part already made, respecting the rights of the author, without prejudice to the his case, the compensation to be provided.

Article 92.

1. The audiovisual work shall be deemed to be completed once the final version has been established, in accordance with the contract between the director-producer and the producer.

2. Any modification of the final version of the audiovisual work by means of addition, deletion or change of any element thereof, will require the prior authorisation of those who have agreed to such a definitive version.

However, in contracts for the production of audiovisual works essentially intended for public communication through broadcasting, the authors shall be presumed to have granted the contract, unless otherwise specified, by the authorization to carry out in the form of emission of the work the modifications strictly required by the means of programming of the medium, without prejudice in any case of the right recognized in the number 4. º of article 14.

Article 93.

1. The moral right of the authors can only be exercised on the final version of the audiovisual work.

2. The destruction of the original support of the audiovisual work in its final version is prohibited.

Article 94.

The provisions of this Title shall apply, as appropriate, to radio works.

TITLE VII

From computer programs

Article 95.

The copyright on computer programs shall be governed by the provisions of this Title and, in so far as it is not specifically provided for in this Title, by the applicable provisions of this Law.

Article 96.

1. For the purposes of this Law, a computer program shall mean any sequence of instructions or instructions intended to be used, directly or indirectly, in a computer system to perform a function or task or to obtain a given result, whatever its form of expression and fixation.

2. The technical documentation and the manuals for the use of a programme shall enjoy the same protection as this title dispenses with computer programs.

3. Computer programs which form part of a patent or utility model shall, without prejudice to the provisions of this Law, enjoy the protection that may be provided for them by the application of the legal system of industrial property.

4. The protection provided for in this Law extends to any successive versions of the programme, as well as to the derivative programmes.

Article 97.

The duration of the rights of exploitation of a programme shall be fifty years, counted from 1 January of the year following that of its publication, or that of its creation if it had not been published.

Article 98.

The author, unless otherwise agreed, may not object to the holder of the rights of exploitation to carry out or authorize the performance of successive versions of his program or of programs derived from it.

Article 99.

1. The right to use the right of use is understood by virtue of which the holder of the right of exploitation of a computer program authorizes another to use the program, retaining the transferor the property of the program.

It shall be understood, unless proof to the contrary, that the transfer of the right of use is non-exclusive and non-transferable, assuming that it is only to satisfy the needs of the user.

2. The reproduction of the programme, including for personal use, shall require the authorisation of the holder of the right of exploitation, with the exception of the backup.

3. The introduction of the programme in internal memory to the sole purpose of its use by the user, without prejudice to its necessary communication to the holder of the right of access, does not constitute a reproduction for the purposes provided for in Article 18 of this Law. exploitation when agreed upon.

4. The adaptation of a programme carried out by the user for the exclusive use by the user shall not constitute processing for the purposes referred to in Article 21.

Article 100.

The rights to computer programs, as well as their successive versions and derivative programs, may be the subject of registration in the Intellectual Property Registry.

Reglamentarily will determine those elements of the registered programs that will be susceptible to public consultation.

BOOK II

Other intellectual property rights

TITLE FIRST

Artists ' rights, performers or performers

Item 101.

It is understood by artist, performer or performer to the person who represents, sings, reads, recites, interprets or executes in any form a work. The stage manager and the conductor will have the rights recognized by the artists in this title.

Article 102.

1. It is up to the artist, interpreter or performer to authorize the reproduction and public communication of their interpretations or executions.

2. Such authorisation shall be granted in writing.

3. When concluding a contract of interpretation or execution to perform a phonogram or an audiovisual work, the artist authorizes the reproduction and public communication of that interpretation or execution, without prejudice to the article next.

Article 103.

When a phonogram published for commercial purposes is used in any form of public communication, artists, performers or performers, whose performances have been set at that time, shall be entitled to compensation. economic. The amount of this compensation shall be 50 per 100 of the income of the producer for such use.

Article 104.

If the interpretation or execution is carried out in compliance with a contract of employment or service lease, it shall be understood, unless otherwise stipulated, that the employer or the landlord acquire over the rights provided for in Article 102, which are deducted from the nature and subject of the contract.

Article 105.

Artists, performers or performers who participate collectively in the same performance, such as the components of a musical group, choir, orchestra, ballet or theatre company, must designate among them a representative for the granting of the authorisations referred to in this Title. The majority agreement of the interpreters shall be valid for such designation, which must be written in writing. This obligation does not reach the soloists or the orchestra or stage directors.

Article 106.

The rights recognized to the artist, performer or performer in the previous articles shall be forty years, numbered from 1 January of the following year to the publication of the fixing or to the interpretation or execution, if that publication did not occur.

Article 107.

The artist, performer or performer enjoys the right to the recognition of his or her name on their interpretations or executions and to oppose, during their life, any deformation, mutilation or any other attack on their performance that damages their prestige or reputation. Upon death and within the following 20 years, the exercise of these rights shall be the responsibility of the heirs.

The artist's express permission will be necessary for the dubbing of his/her performance in his/her own language.

TITLE II

From Phonogram Producers

Article 108.

1. Phonogram means any fixation exclusively sound of the execution of a work or of other sounds.

2. A phonogram is the producer of the natural or legal person whose initiative and responsibility for the first time the fixing is made. If such an operation is carried out within a company, the holder of the undertaking shall be considered a producer of the phonogram.

Article 109.

1. The producer has in respect of his phonograms the exclusive right to authorize his reproduction, directly or indirectly, the distribution of copies of those and the public communication of some or other.

2. The right of distribution includes in particular the right to authorise the import and export of copies of the phonogram for marketing purposes.

Item 110.

In cases of infringement of the rights recognised in the previous article, the exercise of the shares from both the phonographic producer and the transferee shall be the responsibility of the shares.

Article 111.

The duration of the rights recognized in this title shall be forty years, from 1 January of the following year to the year of publication of the phonogram or of its production, if it had not been published.

TITLE III

From producers of audiovisual recordings

Article 112.

It is understood by the producer of an audiovisual recording, the natural or legal person who has the initiative and assumes responsibility for the fixation of a plane or sequence of images, with or without sound, whether or not they are creations capable of being classified as audiovisual works.

Article 113.

The producer shall enjoy, in respect of his audiovisual recordings, the right to authorise his reproduction, distribution and public communication.

Article 114.

It is also the responsibility of the producer for the rights of exploitation of the photographs that are carried out in the production process of the audiovisual recording.

Item 115.

The duration of the rights recognized in this title shall be forty years, counted from 1 January of the year following that of the disclosure of the recording or of its performance, if it had not been disclosed.

TITLE IV

From Broadcast Entities

Article 116.

1. The Broadcasting Entities enjoy, in respect of their broadcasts or broadcasts, the exclusive right to authorise:

a) The retransmission by any technical procedure.

b) The recording on any sound or visual support, including that of an isolated image diffused in the broadcast or broadcast, as well as the reproduction of such recordings.

(c) Public communication of their broadcasts or broadcast broadcasts, where it is carried out in places where the public can access by payment of an admission or entry right.

2. The concept of emission includes the production of signal carriers of programmes destined for a broadcasting or telecommunication satellite, and that of retransmission, broadcast to the public by an Entity that broadcasts or broadcasts other broadcasts, received through any of the mentioned satellites.

Article 117.

The rights recognized in this title last forty years from January 1 of the following year to the year of the realization of the issue.

TITLE V

From the protection of mere photographs

Article 118.

Who makes a photograph or other reproduction obtained by way of the same procedure, when neither the character of the works protected in book I, has the exclusive right to authorize its reproduction, distribution and public communication, in the same terms recognized in this Law as authors of photographic works.

This right will last for twenty-five years from the time of the photograph.

TITLE VI

Of the protection of certain editorial productions

Article 119.

The publishers of unpublished works that are in the public domain will have on them the same rights of exploitation that would have corresponded to their authors.

Article 120.

The rights recognized in the previous article will last ten years, from January 1 of the following year to the year of publication.

TITLE VII

Common Provisions

Article 121.

The rights recognized in this book II shall be without prejudice to the rights of the authors.

Item 122.

The provisions of Chapter III, Title II and Chapter II of Title III, both in book I of this Law, shall apply, in the alternative and, as appropriate, to the rights of the regulated in this book.

BOOK III

The protection of rights recognized in this Law

TITLE FIRST

Actions and Procedures

Article 123.

The holder of the rights recognized in this Law, without prejudice to other actions that correspond to it, may urge the cessation of the illicit activity of the offender and demand compensation for the material and moral damages caused, in the terms provided for in Articles 124 and 125.

You may also request prior to the adoption of the emergency protective protective measures regulated in Article 126.

Article 124.

1 The cessation of illicit activity may include:

(a) The suspension of the infringing operation.

b) The prohibition against the offender to resume it.

c) The withdrawal of trade from illicit specimens and their destruction.

(d) the misuse of moulds, plates, matrices, negatives and other elements intended exclusively for the reproduction of illicit specimens and, if necessary, the destruction of such instruments.

e) The removal or sealing of devices used in unauthorized public communication.

2. The infringer may request that the destruction or misuse of the said specimens and material, where they are susceptible to other uses, be made to the extent necessary to prevent the illicit exploitation.

3. The owner of the infringed right may ask for the delivery of these copies and material at cost price and for their compensation for damages.

4. The provisions of this Article shall not apply to copies purchased in good faith for personal use.

Article 125.

The injured party may choose, as compensation, between the benefit that it has obtained presumably, not to mediate the illicit use, or the remuneration that it would have perceived to have authorized the exploitation.

In case of moral damage, there will be compensation, not yet proven the existence of economic damage. For their assessment, the circumstances of the offence, the severity of the injury and the degree of illicit dissemination of the work will be considered.

The action to claim damages as referred to in this article will be prescribed at five years since the legitimation was able to exercise it.

Article 126.

In the event of an infringement or where there is a rational and well-founded fear that it will occur imminently, the judicial authority may, at the request of the rightholders recognized in this Law, decree the measures Precautionary measures which, in the circumstances, are necessary for the urgent protection of such rights, and in particular:

1. The intervention and the deposit of the proceeds obtained by the illicit activity in question or, where appropriate, the entry or deposit of the amounts due in respect of remuneration.

2. The suspension of the activity of reproduction, distribution and public communication, as appropriate.

3. The abduction of the produced or used copies and that of the material used exclusively for the reproduction or public communication.

Article 127.

The precautionary protective measures provided for in the previous article shall be of preferential treatment and shall be adopted in accordance with the provisions of Article 1,428 of the Law on Civil Procedure, with the following Specialties:

1. The Judges of the First Instance in whose jurisdiction the infringement has effect shall be competent or there are reasonable indications that the infringement is going to occur, or where the specimens considered to be considered have been discovered. (a) the choice of the applicant for the measures. However, once the main application has been filed, it shall be the sole competent Judge for the relationship with the measure taken, the one he knows of that measure.

Also, when the measure is requested at the time to propose the claim in the corresponding declarative judgment or during the substantiation of the judgment, the Judge or Court that is aware of the case shall have jurisdiction.

2. The measure shall be requested in writing signed by the person concerned or his legal or voluntary representative, not being necessary the intervention of the Prosecutor or the assistance of the Letting, except in the cases provided for in the paragraph second of the first rule.

3. Within three days of the date of the submission of the document, the Judge shall hear the parties who attend the hearing and shall, in any event, decide the day after the end of the previous period.

4. Any party may request the practice of the judicial recognition test, and if it is admitted, it shall take effect immediately.

5. Prior to or in the resolution, the Judge, if deemed necessary, may require the applicant to provide sufficient security to respond to the damages and costs that may arise.

6. The applicant may reiterate the request for precautionary measures, provided that new facts relating to the infringement appear or obtain evidence of which it had previously been lacking.

Article 128.

The precautionary measures provided for in Article 126 may be agreed upon in the criminal cases following infringement of the rights recognized in this Law.

The rules of Article 127 shall be observed in their processing, in so far as it is relevant.

The above measures will not prevent the adoption of any other measures laid down in criminal procedural law.

TITLE II

The Intellectual Property Registry

Article 129.

The General Register of Intellectual Property will depend on the Ministry of Culture and will have a unique character for the entire national territory.

In each of the provincial capitals, there shall be a provincial registry office for the purposes of the application for registration, which shall operate under the direction of the General Register, without prejudice to the powers which, where appropriate, correspond to the Autonomous Communities.

Article 130.

1. The rights of Intellectual Property relating to works and other productions protected by this Law may be entered in the Register.

2. The Registrar shall describe the applications submitted and the legality of the acts and contracts relating to the registration rights, being able to refuse or suspend the practice of the corresponding seats. Against the agreement of the Registrar, the corresponding actions may be exercised directly before the civil jurisdiction.

3. It shall be presumed, unless proof to the contrary, that the registered rights exist and belong to the holder in the form determined in the respective seat.

4. The Register shall be public, without prejudice to any limitations which may be imposed under the provisions of Article 100.

5. The registration procedure, as well as the structure and operation of the Register, shall be determined.

TITLE III

Of the symbols or indications of the rights reservation

Article 131.

The holder or transferee exclusively of a right of exploitation on a work or production protected by this Law may put the symbol ©, with precision of the place and year of the disclosure of those, to its name.

In addition, copies of the phonograms or their wrappers may be placed before the name of the producer or his/her transferee, the symbol, indicating the year of publication.

The above symbols and references must be placed in such a way and placement that they clearly show that the rights of exploitation are reserved.

TITLE IV

Of the Rights Management Entities recognized in the Law

Article 132.

The legally constituted entities that intend to dedicate themselves, in their own or foreign name, to the management of rights of exploitation or other of patrimonial character, for account and in the interest of several authors or other rightholders of intellectual property, they must obtain the appropriate authorization from the Ministry of Culture, which must be published in the "Official State Gazette".

These entities may not be of a profit motive and, by virtue of the authorization, may exercise the intellectual property rights entrusted to their management and shall have the rights and obligations set forth in this title.

Article 133.

1. The authorisation provided for in the previous Article shall be granted only if the following conditions are met:

a) That the Statutes of the requesting Entity meet the requirements set forth in this title.

(b) The information provided and the information provided shows that the applicant entity fulfils the necessary conditions to ensure the effective administration of the rights, the management of which is to be entrusted to it, the national territory.

c) The authorization to promote the general interests of the protection of intellectual property in Spain.

2. In order to assess the concurrency of the conditions laid down in points (b) and (c) of the preceding paragraph, account shall be taken, in particular, of the number of rightholders who have undertaken to entrust them with the management of such rights, in the event of it is authorized, the volume of potential users, the suitability of its Statutes and its means for the fulfilment of its purposes, the possible effectiveness of its management abroad and, where appropriate, the report of the Management Entities authorized.

Article 134.

The authorisation may be revoked by the Ministry of Culture if any event which may have led to the refusal of the authorisation, or if the Management Entity fails to seriously fail, is exceeded. the obligations set out in this Title. In all three cases, a prior warning from the Ministry of Culture shall be provided, which shall fix a period of not less than three months for the correction or correction of the facts indicated.

Revocation will produce its effects within three months of its publication in the "Official State Gazette".

Article 135.

Management Entities once authorized shall be entitled, in terms of their own Statutes, to exercise the rights entrusted to their management and to enforce them in all manner of procedures administrative or judicial.

Article 136.

Without prejudice to any other rules applicable to them, the Statutes of the Management Entities shall include:

1. The name, which may not be identical to that of other Entities, nor so similar that it may lead to confusion.

2. The object or purpose, with the specification of the rights administered, cannot be used outside the scope of the protection of intellectual property rights.

3. The classes of rightholders included in the management and, where applicable, the different categories of those for the purposes of their participation in the administration of the Entity.

4. The conditions for the acquisition and loss of the quality of the partner. In any case, the partners shall be holders of rights to which the Entity is to be managed and the number of such rights shall not be less than ten.

5. The rights of the members and, in particular, the voting system, which may be established taking into account weighting criteria which reasonably limit the plural vote. With regard to sanctions for the exclusion of partners, the voting regime shall be equal.

6. The duties of the partners and their disciplinary arrangements.

7. The governing bodies and representation of the Entity and its respective jurisdiction, as well as the rules regarding the convening, constitution and functioning of the collegiate, with an express prohibition of the adoption of agreements with respect to the cases that do not appear on the agenda.

8. The procedure for choosing the administrator partners.

9. The initial assets and economic resources provided.

10. The rules to be submitted to the collection systems for collection.

11. The control system for the economic and financial management of the institution.

12. The destination of the net assets or assets resulting from the liquidation assumptions of the Entity which, under no circumstances, may be shared between the partners.

Article 137.

Management Entities are obliged to accept the administration of copyright and other intellectual property rights entrusted to them in accordance with their object or purpose. This order shall be performed by the Commission in accordance with its Statute and other applicable rules.

Article 138.

1. The management of the rights shall be entrusted by the holders to the Entity by means of a contract whose duration may not exceed five years, indefinitely renewable, and shall not impose as compulsory the management of all the exploitation and the exploitation of the entire future work or production.

2. The Entities shall establish in their Statutes the appropriate provisions to ensure the free management of the influence of the users of their repertoire and to avoid an unfair preferential use of their works.

Article 139.

1. The allocation of the rights collected shall be made equally between the holders of the works or the production used, in accordance with a system which is predetermined in the Statute and which excludes arbitrariness.

2. Management Entities shall reserve to the holders a share of the rights collected in proportion to the use of their works.

Article 140.

Management Entities shall promote activities or services of a caring nature for the benefit of their partners, either by themselves or through non-profit entities incorporated or that can be established for that purpose.

Similarly, they should devote to training and promotion activities of authors, artists, performers and performers, a percentage of the remuneration referred to in Article 25, which will be determined in a regulated manner.

Article 141.

Within six months of the closing of each financial year, the Entity shall draw up the corresponding balance sheet and a memory of the activities carried out during the previous annuity.

Subject to the provisions of the applicable rules, the balance sheet and the accounting documentation shall be subject to verification by experts or companies of legally competent experts appointed in the General Assembly of the Entity. held in the previous year or in the year of its constitution. The Statutes shall lay down the rules under which another auditor shall be appointed by the minority.

The balance sheet, with a note of having obtained or not the favorable report of the auditor, shall be made available to the members at the legal domicile and territorial delegations of the Entity, at least fifteen days prior to the date of the conclusion of the General Assembly in which it is to be adopted.

Article 142.

1. The Management Entities are required:

(a) To contract with the person who so requests, unless justified, to grant non-exclusive authorisations for the rights under management, on reasonable terms and under remuneration.

b) To establish general rates that determine the remuneration required for the use of their repertoire, which must provide for reductions for cultural entities that do not have a lucrative purpose.

c) To conclude general contracts with associations of users of their repertoire, provided that they so request and are representative of the sector concerned.

2. As long as the parties do not reach an agreement, the corresponding authorization will be understood if the applicant makes effective under reservation or judicially the amount demanded by the Management Entity according to the rates general.

3. The provisions of this Article shall not apply to the management of rights relating to literary, dramatic, drama-musical, choreographic or pantomime works, or to the singular use of one or more works of any kind. class requiring the individual authorisation of the holder.

Article 143.

It is created in the Ministry of Culture, with the character of a national collegiate body, the Arbitration Commission for Intellectual Property.

This will be the role of the Commission:

(a) To provide a solution, subject to the submission of the parties, to the conflicts which, pursuant to the provisions of paragraph 1 of the preceding article, may occur between the Management Entities and the associations of users of their or between those and the Broadcasting Entities. The submission of the parties to the Commission shall be voluntary and shall be expressly stated in writing.

(b) To fix a replacement quantity of the general tariffs, for the purposes referred to in paragraph 2 of the previous Article, at the request of a user association or a Broadcasting Entity, provided that they are submitted, by its part, to the competence of the Commission with the object referred to in point (a) of this Article.

The arbitral proceedings, as well as the composition of the Commission, shall be determined by law, having the right, in any event, to be a party to it, in each case in which they intervene, two representatives of the Entities management and two other of the user association or the broadcast entity.

The Commission's decision will be binding and enforceable for the parties.

This article shall be without prejudice to any actions which may be brought before the competent jurisdiction. However, the approach of the dispute before the Commission shall prevent the Judges and the Courts from hearing the dispute before the arbitration decision, until the decision has been taken and provided that the party concerned invokes it by means of the exception.

Article 144.

1. It is for the Ministry of Culture, in addition to the power to grant or revoke the authorisation under Articles 133 and 134, to monitor compliance with the obligations and requirements set out in this Law.

For these purposes, the Ministry of Culture may require from these Entities any type of information, order inspections and audits and appoint a representative who will assist in a voice but without a vote to their General Assemblies, Councils Administration or similar bodies.

2. The amendments to the Statutes of the Management Entities, without prejudice to the provisions of other implementing rules, once approved by their respective General Assembly, shall be submitted for approval by the Ministry of Culture, which shall be (a) shall be deemed to have been granted, if no resolution is notified to the contrary, within three months of its submission.

3. The Management Entities are obliged to notify to the Ministry of Culture the appointments and cesses of their Administrators and Power, the general fees and their modifications, the general contracts concluded with associations of users and the agreed with foreign organisations of the same class, as well as the documents referred to in Article 141.

BOOK IV

Scope of the Law

Article 145.

1. The intellectual property rights of the Spanish authors will be protected under this Law.

You will also have these rights:

a) Foreigners with habitual residence in Spain.

(b) foreigners who do not have their habitual residence in Spain, in respect of their works published for the first time in Spanish territory or within thirty days after they have been in another country. However, the Government may restrict the scope of this principle in the case of foreigners who are nationals of States who do not sufficiently protect the works of Spanish authors in similar cases.

2. All authors of audiovisual works, irrespective of their nationality, are entitled to receive a proportional remuneration for the projection of their works in accordance with Article 90 (2) and (3). However, in the case of nationals of states which do not guarantee an equivalent right to Spanish authors, the Government may determine that the amounts paid by the exhibitors to the Management Entities for this purpose are for the purposes of cultural interest to be established in a regulated manner.

3. In any case, foreigners will enjoy the protection that corresponds to them under the international conventions and treaties in which Spain is a party and, failing that, they will be equated to the Spanish authors when they, in turn, are nationals in the respective country.

4. The author's moral right, whatever his nationality, is recognized.

Article 146.

1. The rights recognized in this Law will be protected for Spanish artists, performers, or performers, whatever the place of their interpretation or execution.

2. Foreign artists, performers or performers shall enjoy the same rights as recognized in this Law in any of the following cases:

a) When they have their habitual residence in Spain.

b) When the interpretation or execution is carried out on Spanish territory.

c) When the interpretation or execution is recorded in a phonogram or in an audiovisual medium protected in accordance with the provisions of this Law.

d) When the interpretation or execution, even if not recorded, is incorporated into a protected broadcast broadcast in accordance with the provisions of this Law.

3. In any case, foreigners shall enjoy the protection that corresponds to the international conventions and treaties in which Spain is a party and, failing that, they shall be equal to the Spanish performers or performers when These, in turn, are national in the respective country.

Item 147.

1. Producers of phonograms and those of audiovisual works or recordings, the makers of mere photographs and the editors of the works referred to in Article 119 shall be protected under this Law in the following cases:

(a) When they are Spanish citizens or Companies domiciled in Spain.

b) When they are foreign and publish in Spain for the first time or, within thirty days after they have been in another country, the works mentioned. However, the Government may restrict the scope of this principle, in the case of nationals of States who do not sufficiently protect the works or publications of Spaniards in similar cases.

2. In any event, foreigners shall enjoy the protection afforded to them under the international conventions and treaties in which Spain is a party and, failing that, they shall be equal to the producers of phonograms and works or audiovisual recordings, to the makers of mere photographs and to the editors of the works referred to in Article 119, where they are, in turn, to the national in the respective country.

Article 148.

1. The Broadcasting Entities domiciled in Spain shall enjoy their emissions and transmissions of the protection established in this Law.

2. In any event, the Foreign Broadcasting Entities shall enjoy the protection afforded to them under the international conventions and treaties in which Spain is a party.

ADDITIONAL PROVISIONS

First.

The legal deposit of the works of creation traditionally recognized in Spain will be governed by the regulations in force or that will be dictated in the future by the Government, without prejudice to the powers that, if necessary, correspond to the Autonomous Communities.

Second.

The Government is authorised to lay down the rules for the regulatory development of this Law.

Third.

Will be exempt from Value Added Tax, professional services, including those whose consideration consists of copyright, provided by plastic artists, writers, literary collaborators, graphics and photographs of newspapers and magazines, musical composers, authors of theatrical works and the authors of the argument, adaptation, script or dialogues of audiovisual works.

Fourth.

The making available to the authors of the amounts collected for income-proportional remuneration, as set out in Article 90.2, shall be made on a weekly basis.

The Government, on a proposal from the Ministry of Culture, may amend this deadline.

Fifth.

The Government, within six months of the entry into force of this Law, will dictate the Regulation referred to in Article 72.

TRANSIENT PROVISIONS

First.

1. The amendments introduced by this Law, which will damage rights acquired under the previous legislation, will not have retroactive effect, except as provided for in the following provisions.

2. The exploitation rights of works created by deceased authors prior to the entry into force of this Law will have the duration provided for in the previous legislation.

Second.

The authors whose works are in the public domain, provisionally or definitively, in accordance with the provisions of Articles 38 and 39 of Law 10 of January 1879, shall apply to them the provisions of this Law, without prejudice to the rights acquired by other persons under the previous legislation.

Third.

Legal persons who, under the previous legislation, have acquired the intellectual property of a work, shall exercise the rights of exploitation for the period of 80 years from their publication.

Fourth.

The provisions of Articles 14 to 16 of this Law shall apply to the authors of the works created before their entry into force.

Fifth.

The acts and contracts concluded under the previous legislation will have all their effects in accordance with it, but the clauses of those for which the transfer of the rights of the exploitation with respect to the set of works that the author could create in the future, as well as for which the author undertakes not to create any work in the future.

Sixth.

1. The Regulation of 3 September 1880 and other rules on intellectual property will continue in force, provided that they do not object to the provisions of this Law.

2. As long as the regulatory development of Title II, book III, does not occur, this Law will continue in force the current regulations on the structure and functioning of the Intellectual Property Registry.

3. Article 1 of Decree 307/1967 of 16 February 1967 on percentages and compensations for cinematographic authors shall continue to apply for one year from the date of entry into force of this Law, unless it has previously been agree to another type of remuneration in accordance with Articles 90 and 142 of this Law.

Seventh.

The General Society of Authors of Spain shall accommodate its performance as set out in this Law and, within six months from its entry into force, shall adapt its Statutes to the provisions of this Law for be a management entity and its current assets, with its rights and obligations, shall be integrated into it.

The operations necessary to comply with the provisions of the preceding paragraph shall be exempt from taxes that may be required by the State. Consequently, they will be exempted:

(a) The acts, contracts, deliveries and transfer of assets that are carried out by the General Society of Authors of Spain or by the Management Entity in which the former will be tranformed.

(b) The increases in equity that are evidenced by the transmission of the assets of the General Society of Authors of Spain to the new Management Entity.

Eighth.

As not provided for in these provisions, the provisions of the Civil Code will apply.

REPEAL PROVISION

Provisions that are contrary to the provisions of this Law and, in particular, the following shall be repealed:

-Intellectual Property Law of January 10, 1879.

-Articles 5, 6.2 and 10 to 26 of Law 9/1975, of March 12, of the Book.

-Article 31 of the Labor Contract Law, recast text approved by Decrees of 26 January and 31 March 1944.

-Law 17/1966 of 31 May on intellectual property rights in cinematographic works.

-Law of June 24, 1941, which establishes the General Society of Authors of Spain.

Therefore,

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

Palacio de la Zarzuela, Madrid, 11 November 1987.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ