The law 23 / 2011, of 29 of July, of deposit Legal, sets in the available final third that in the term maximum of a year the Government, to proposed of the holder of the Ministry of culture, today Ministry of education, culture and sport, will regulate through real Decree and in the field of their competencies, heard them communities autonomous and them sectors involved , the procedure of management of the deposit of the publications electronic.
The publications electronic, both which is edited in support tangible as which is distributed in line, have alleged a change in the own concept of document. Some publications, such as e-books, maintain characteristics similar to the books on paper; Instead, in others types of resources, especially in them sound, the unit documentary has evolved of a set of parts published in a unique support tangible to the presentation and offer through the networks of data of each an of them parts individual. On the other hand, have been born also new resources, fruit of the possibilities that it opens the world of Internet.
The preamble of the law 23 / 2011, of 29 of July, recognizes that them forms of expression intellectual and artistic have evolved, is have created new media of publication and today them publications electronic form part of the heritage bibliographic and documentary of them different countries, making essential it review of them policy on deposit legal. For this reason, the law 23/2011, July 29, includes in article 4.3, letters n) and n), electronic publications and web sites as publications subject to legal deposit.
With regard to the fulfilment of this obligation of deposit, that article 8 of the law 23/2011, July 29, attributes to his publisher or producer, it should be noted that procedures for the identification and collection of this heritage must adapt to the characteristics of the new types of publications and the needs of conservation and dissemination posed. At the same time, they have to take into account the means and resources available to the obligors, so to facilitate the establishment of the deposit of online publications and to ensure security in the transfer of the data throughout the process, respecting, in any case, the intellectual property legislation. The law 23 / 2011, from 29 of July, uses the expression publications «without support physical tangible» contrasting them to those «with support tangible». This Royal Decree uses the expression 'online' to refer to the publications without tangible hardware, thus using the most common term in the world of electronic publications.
All the process of Constitution and management of the deposit legal of the publications in line is submit to them principles established in the Law 19 / 2013, of 9 of December, of transparency, access to the information public and good government, in particular in what is refers to advertising active in matter of information institutional, organizational and of planning.
He present real Decree is structure in three chapters that treat respectively of them provisions General, of the obligation of the deposit legal and of the procedure of management of the publications in line. It consists of eleven items, two additional provisions and three final provisions.
Chapter I establishes that the object of this Royal Decree is to regulate the management procedure of the deposit of the websites and resources contained therein and in article 1.2 specifies that the legal regime of the deposit of the electronic publications in tangible physical support is already regulated by law 23/2011 , July 29, without prejudice to the powers of the autonomous communities.
Likewise, to the margin of the authority that have them communities autonomous, of manage the deposit legal of them publications in line, for ensure it unit of the system, the cohesion territorial, the proper exchange of information and the maximum use of them resources available, them performances relating to the deposit legal of them publications in line will be coordinated in the frame of the Council of cooperation librarian to the be the organ Collegiate of composition inter-administrative that channels it cooperation librarian between them public administrations, as established in paragraph 2 of article 15 of law 20/2007, of 22 June, reading the book and libraries.
Electronic publications in tangible support have, from the point of view of the legal deposit, the same characteristics as the publications in support of paper and is therefore already established in the law 23/2011, of 29 July, who are the subjects bound to request the number of legal deposit and constitute your deposit.
He chapter II precise what resources in line are object of deposit legal and what are exempt from this obligation, to while fixed who are them subject forced to constitute said deposit, respecting in all case the legislation on protection of data.
Chapter III includes the regulation of management and Constitution of the legal deposit of online publications. The actions carried out in application of this chapter does not grant any right of intellectual property nor does not legitimize these publications.
Due to the complexity of the treatment of disseminated resources online, this Royal Decree simplifies your management procedure. Eliminates almost completely on the role of the offices of legal deposit in the deposit of these publications management, including the allocation of a number of legal deposit, which reduces the burden of management responsible for the formation of the deposit. In this field, to the offices of deposit legal les corresponds only it performance in case of breach of it forced by this real Decree, in accordance with it established in the article 15 of the law 23 / 2011, of 29 of July, and in accordance with the normative autonomic that is of application. Moreover, this simplification of the management means that the obligations of them publishers or producers of them web sites in access open are void, and few and of easy compliance for them web sites of them contained of access restricted.
This Royal Decree has been subject to report of the autonomous communities, of the Ministry of finance and public administration, the Spanish Agency of data protection, of organizations and associations whose purposes are directly relevant to the standard and the librarian Cooperation Council.
In his virtue, to proposal of the Minister of education, culture and sport, with the approval prior of the Minister of Hacienda and administrations public, in accordance with the Council of State and prior deliberation of the Council of Ministers in its meeting of the day 10 of July of 2015, HAVE: CHAPTER I provisions general article 1. Object.
1. this real Decree has by object regulate the procedure of management and Constitution of the deposit legal of them publications in line, with the purpose of meet with the duty of preserve the heritage bibliographic, sound, visual, audiovisual and digital of them cultures of Spain in each time historical and allow the access to the same with late cultural, of research or information pursuant to the law 23/2011, of 29 July, legal deposit, as well as in the legislation on data protection and intellectual property.
Online publications are part of the world heritage documentary and bibliographic, in accordance with the provisions of articles 48 et seq. of the law 16/1985, of 25 June, the Spanish historical heritage.
2. the legal deposit of electronic publications in tangible support, including the application of the legal deposit number and the same Constitution, will be regulated by law 23/2011, of 29 July, without prejudice to the powers of the autonomous communities.
3. the deposit of a same publication in tangible support does not relieve the deposit of the same online.
Article 2. Definitions.
For the purposes of this Royal Decree, means: to) capture: identification and collection of web sites from the use of computer programs that carry out a process of tracking links in order to archive the content that make up a particular web resource.
(b) deposit: storage of them contained captured by them centers of conservation or transferred to these, in a repository that ensure it preservation to long term and the access from them users within the limits established by the legislation in matter of property intellectual.
(c) Editor or producer of a web site: person physical or legal holder of the domain where is hosts the web site or, in its case, it person physical or legal to which the holder of the domain has assigned validly and with character total the right to the use, management and exploitation of the web site and, in particular, the decision on them content hosted or accessible in the site.
(d) Office of deposit legal: central depository.
(e) publication online: information or content of any nature posted on an electronic device not tangible, archived in a format determined and capable of identification and differential treatment, that is the subject of broadcasting. Web sites are considered publications online.
(f) resource: entity, tangible or intangible, which includes intellectual, artistic or any other content that is designed, produced or edited as a unit.
(g) private network: one that uses an address space without direct connection to or from the Internet, so do not appear in the public network. Serves to connect computers of an organization (intranet) or of several organizations (extranet).
(h) secure repository: digital platform of conservation that meets the requirements that set international standards for auditing and certification of the reliability of the repositories.
(i) web site: point of electronic access formed by one or several pages grouped into an Internet domain.
(j) web site freely accessible: one that has a Parallel public and, therefore, is visible for all the users of Internet.
(k) no tangible support: support virtual work or content distributed through electronic networks.
(l) tangible support: hardware of a work or content.
CHAPTER II of the obligation of the deposit legal of the publications in line item 3. Publications on line object of deposit legal.
Will be object of deposit legal, along with the metadata that include, all type of web sites and the publications in them contained-both of access free as restricted-; Anyone who is the procedure of production, editing or broadcasting; anyone that is the support or medium not tangible by which are distributed or communicated; Anyone who is the physical location of the server or servers from which spread to electronic networks; and anyone that is the domain that hostel the publication; long as they contain bibliographic, sound, visual, audiovisual or digital heritage of the cultures of Spain; (and whenever any of the following conditions fulfilled: to) that are in any of the official Spanish languages;
(b) that are produced or published by any natural or legal person who has their domicile, residence or permanent establishment in Spain;
(c) that are produced or published under a name of domain linked to the territory Spanish.
Legal deposit will also include any other form, present or future, of electronic content disseminated through communication networks.
Article 4. Publications on line excluded from the deposit legal.
(Without prejudice of the exclusions to makes reference the article 5 of the law 23 / 2011, of 29 of July, not will be object of deposit legal the following publications in line: to) them post and the correspondence private.
(b) the content that are contained only in a network private.
(c) the files of data of character personal to those who only has access a group restricted of people.
Article 5. Subject required to allow the deposit legal of the publications on line.
The editor or producer of the web site where is find hosted them publications in line will be them obliged to facilitate the deposit legal of them same in accordance with it established in them articles 7 and 8.
CHAPTER III procedure of management and Constitution of the depot legal of the publications on line article 6. Management of the deposit legal of the publications on line.
1. the managers of the deposit legal of them publications in line are the centers of conservation. In accordance with article 9(2) of the law 23/2011, July 29, they are centers of conservation the National Library of Spain and to determine the autonomous communities in the field of its competences.
2 conservation centres, in accordance with the purpose of this Royal Decree, established in article 1, will determine which web sites and resources are those who will be captured or stored to be preserved and to thus facilitate your inquiry, respecting the legislation on protection of data of a personal nature and intellectual property, and following the criteria for achieving better representativeness of the Internet world and get a collection as complete as possible, such publications as electronic books and magazines.
3 conservation centres shall communicate to the depositary Center where he has his domicile, residence or permanent establishment the editor or producer the breach of obligations of deposit of online publications by obligors, to the effects that the depositary centre to undertake the actions of control and verification of the compliance of the legal deposit obligations that apply , and is exercised, where appropriate, powers to impose penalties in accordance with chapter V of the law 23/2011, 29 July, as well as in the regional legislation that either application.
The holders of the rights recognized in this Royal Decree may exercise them in accordance with the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, as well as with other applicable standards.
4 not be assigned number of legal deposit to online publications. In accordance with the article 14.6 of the law 23 / 2011, of 29 of July, them editors or producers of publications in line may request number ISBN («International Standard Book Number») u another identifier numerical standard accepted by those agencies international competent.
Article 7. Depot legal of the publications in line freely accessible.
1. the centers of conservation may capture them publications in line that have been object of communication public and those web sites accessible through networks of communications.
2. with the aim of facilitating the capture or the data warehouse by the centers of conservation, the Publisher or producer of websites and other online publications freely accessible will allow conservation centres to carry out his collection under the conditions referred to in this article.
3. without prejudice to the provisions of the second additional provision, the procedures of selection and capture of online publications accessible through communications networks, as well as the frequency with which these catches, will be carried out will be established, within their respective fields of competence, by the National Library of Spain, Center of conservation of State-level, and by the autonomous communities conservation centres.
Article 8. Depot legal of the publications in line of access restricted.
1. the editor or producer of web sites and others publications in line of access restricted will be obliged to facilitate the collection of them same, providing in its case to them centers of conservation them key that allow the access and reproduction of it all of them contained or web sites, or to provide your transfer through networks of communication or in another support 2. The Publisher or producer must provide media so that all on-line publication, detected and captured in accordance with the provisions of the preceding paragraph, may be consulted and reproduced in the future without being necessary the introduction of any key for your inquiry or conservation. In addition, the Publisher or producer of the publications online, whose use is limited in time, must provide conservation centres media or keys necessary to ensure that these publications can be consulted on an ongoing basis.
3 when technological or other reasons so warrant, conservation centres may require from the Publisher or producer delivery, through electronic networks, resources subject to legal deposit in the formats in which they are published.
4. the fulfilment of these obligations may not harm the legitimate interests of the rights holders, or conflict with commercial exploitation that they make of such material.
In any case the fulfilment of the provisions of this article may make an economic burden additional to the directly-derived from the mere implementation of content and web sites available that allow to comply with the legal obligation of deposit of publications online publishers or producers.
Article 9. Conservation and access of online publications.
1 conservation centres are responsible for the preservation of online publications whose custody are entrusted.
2. the National Library of Spain and conservation centres of the autonomous communities, in their respective fields of competence, may agree the Constitution of repositories that considered necessary to preserve and disseminate the publications online captured or surrendered, with the aim of achieving greater efficiency in their management.
3. when the repositories referred to in the preceding paragraph include restricted access resources, consultation thereof by users will take place only from terminals installed at the headquarters of the National Library of Spain and conservation centres of the autonomous communities, respecting the legislation on protection of data of a personal nature and intellectual property.
4. in accordance with article 37.1 of the text of the Copyright Act, approved by Royal Legislative Decree 1/1996 of April 12, conservation centres can reproduce, reformat, regenerate and transfer resources to guarantee their preservation, respecting the legislation on property intellectual; the holders of rights in works or performances protected by effective technological measures shall also provide conservation centres information and the appropriate means to ensure the realization of reproductions of such resources.
Them subject forced will be the responsible of facilitate the information that allow transfer them data of the support original to the support of conservation.
5. the documentation generated in the management of the legal deposit of online publications will be treated in accordance with the principles laid down in the Royal Decree 4/2010 of 8 January, by the national interoperability scheme is regulated in the field of eGovernment and to the technical interoperability standards that may be applicable. Likewise, all the process of management of the deposit legal of these publications is submit to the principles established in the Law 19 / 2013, of 9 of December, of transparency, access to the information public and good government.
Article 10. Collaboration in the conservation of online publications.
1. the library national of Spain and them centers of conservation designated by them communities autonomous may establish agreements of collaboration with those entities public or private that have of platforms of distribution in line of them publications and resources digital, that them same edit or produce, and that are considered as «repositories safe», for the purposes of conservation, whenever these platforms meet them requirements necessary to play this function According to the criteria established by the centres of conservation and under its supervision.
2 agreements carried out between conservation centres and public or private entities that maintain these platforms will include inter alia the following: to) the features of the repository of the collaborating institution.
(b) procedures for the conservation of the publications or resources of the collaborating institution.
(c) the period of validity of the collaboration.
3. when, in virtue as indicated in the previous section, establish a partnership agreement with an entity, the Conservation Center will not capture resources of that entity, and obliged to preserve publications and resources, as well as to maintain the active platform in the conditions laid down for the period of the agreement. The entity collaborator will facilitate the access to their resources in the same conditions that the established for them centers of conservation.
4. in case of disappearance by any cause of them entities public or private to which is refer them paragraphs earlier or of that these stop of meet the conditions that previously made possible the agreement of collaboration, them resources in line preserved in these entities must be delivered to the center of conservation stipulated in the agreement.
5. in addition, from the moment in which the circumstances that preclude the fulfilment of the commitments for conservation and consultation acquired by such entities occur, these must comply with the legal deposit obligation, as stipulated in article 7.
6. the National Library of Spain and the autonomous communities conservation centres maintain up-to-date the relationship of those distribution platforms agreed to cooperate as repositories safe legal deposit, specifying what are the characteristics of your repository, what resources will be kept by the collaborating institution, as well as the period of collaboration.
Article 11. Identification of the domains by the entities responsible for their management and the registrars agents.
Them entities responsible of the management of the registration of names of domain of Internet established in territory Spanish will provide to the library national of Spain and to them centers of conservation of them communities autonomous them names of domain registered before them, to requirement of such centres of conservation.
Likewise, natural or legal person acting as domain name registrars agents will provide the same information respect of domains linked to the national territory that are not included in any of the records established in Spain them referred to in the previous paragraph.
First additional provision. No increase in public spending.
This real Decree not can assume increase net of expenditure public and its operation will have that make is with them media materials and personal available currently in the Administration, without increase of endowments or of remuneration, or of others expenses of personal.
Provision additional second. Collaboration between conservation centres.
The National Library of Spain and conservation centres designated by the autonomous communities will establish the necessary channels of collaboration for: to) prevent, in accordance with provisions of law 20/2013, 19 December, guarantee of the unity of market, the imposition of administrative burdens unnecessary or duplicated by the obliged to permit the legal deposit of online publications.
(b) ensure that administrative burdens imposed not entail costs for publishers and producers of online publications.
(c) establish political common to the captures of content and the development of collections, for the purposes of give compliance to the obligations of deposit legal of them publications in line planned in this real Decree.
First final provision. Skill-related title.
The present Royal Decree is issued under cover of the article 149.2 of the Spanish Constitution, which establishes that, without prejudice to the powers which the autonomous communities may assume, the State considered culture as duty service and essential attribution, and facilitate cultural communication between the autonomous communities, in accordance with them.
Second final provision. Enabling legislation.
It is up to the holder of the Ministry of education, culture and sport to enact, within the scope of their powers, the provisions that may be necessary for the development and application of the present Royal Decree.
Third final provision. Entry in force.
This Royal Decree shall enter into force three months after its publication in the "Official Gazette".
Given in Madrid on July 10, 2015.
The Minister of education, culture and sport, IÑIGO MÉNDEZ DE VIGO and MONTOJO