The bill proposes new rules for managing copyright

Automatic summary, not yet reviewed

1. The bill would complete the transposition of two European directives by amending the consolidated text of the Intellectual Property Law: one on the collective management of copyright and one on access to works for people with disabilities.
2. It would reorganize the rules on collective management entities into seven chapters and create the figure of the independent management operator, a for-profit entity that manages rights outside the traditional entities, with the duty to notify the start of its activity to the Ministry of Culture and Sport.
3. Rights holders would be able to revoke their management contract with the entity, in whole or in part, with notice of at most six months, and contracts could not last more than three years, renewable for one-year periods.
4. Each collective management entity would have to set up an internal control body, made up of members of the entity and, in some cases, independent outsiders, to oversee the governing bodies and report to the general assembly.
5. Entities would have to distribute and pay collected rights within a maximum of nine months from January 1 of the year after collection, and keep analytical accounts so their management deductions match their real costs.
6. Multi-territorial licensing would be regulated in Spain for the first time: a single authorization allowing online music services to use musical works in several EU member states.
7. Published works could be reproduced, distributed and made available for the benefit of people who are blind, have a visual disability or other difficulties accessing printed texts, without the rights holder's authorization, as long as there is no profit purpose and certain conditions are met.
8. The sanctioning regime would be tightened: managing rights without the required authorization would be a very serious offense, punished with disqualification or fines of between 1 and 2 percent of annual revenue, and entities would have to publish a mandatory annual transparency report.

Who it affects

• Collective management entities for intellectual property rights: They would have to adapt their bylaws, create an internal control body, meet distribution deadlines and publish an annual transparency report.
• Authors and rights holders: They could revoke their management contracts more easily and would receive more information about how their rights are managed.
• Independent management operators and foreign entities providing services in Spain: They would have to notify the Ministry of Culture and Sport of the start of their activity and meet certain transparency obligations.
• Online music service providers: They could obtain, with a single authorization, the permission to use music online in several European Union countries.
• People who are blind, have a visual disability or other difficulties accessing printed texts: They would be granted access to works in accessible formats without needing authorization from rights holders.

Words worth knowing

Entidad de gestión (collective management entity)

A nonprofit association authorized to manage the copyright of many creators at once, charging those who use the works and distributing the money among rights holders.

Contrato de gestión (management contract)

A contract by which an author entrusts a collective management entity with administering their rights, without giving up ownership of them.

Trasposición (transposition)

The process of incorporating a European directive into Spanish law through a domestic law.

Licencia multiterritorial (multi-territorial license)

An authorization allowing the online use of musical works in several EU member states under a single contract.

Texto refundido (consolidated text)

A single rule that gathers and organizes several laws on the same subject into one text.

It summarizes the text passed by the Senado. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries