The Congress has approved this Tuesday the reform of the Law on Intellectual Property (LPI), which provides for measures against piracy on the Internet, consolidates the model for the fixing of fees for the use of content subject to copyright, and enhance the transparency of the management entities. The text, backed by the unanimity of all groups in the Culture Commission of the lower House, will now go to the Senate, and may be finally approved at the end of the year.
The rule, which adapts the Spanish legislation two eu directives, it takes on a greater protection of the rights of intellectual property in the digital environment, and provides for the closure of websites without the necessary judicial authorization. Returns as well with the model established during the Government of José Luis Rodríguez Zapatero, as these powers shall be borne by the Second Section of the Intellectual Property Commission, named then as the commission Sinde by the name of the minister of Culture, Angeles González Sinde.
being Fought by Google and other digital companies, the new rule aims to curb Internet downloads of content protected by copyright without permission. The closure of the web pages will no longer require a judicial procedure, which was very involving but little operating, and in its place will be a body whose members are appointed by the Executive who will assume this task.
The new law has addressed some of the demands made by the users, among which are the chains of radio and television (the more money they bring to the management bodies), universities, hospitality, or telecommunications companies. Thus, maintaining the seven principles laid down for fixation of the rates of the management entities for the use of their repertoire. And regulates the transitional regime in case of failing to achieve an agreement on the payments to the account, so that if there is a disagreement, users should pay 100% of the last general rate agreed upon or the 50% of the new. The amendment agreed by the four largest groups in parliament (PP, PSOE, United we Can and Citizens) was located initially that percentage in the 70%.
The tvs have only been Pasgol achieved that the economic return of the music which emit light in hours of low commercial value (the dawn) is 20% of the total turnover, while the initial text of the amendment would set the cap at 15%. This has been one of the most conflictive points during the processing. Televisions aspired to that their music publishing were in equal conditions with regard to the multinationals. During the debate, the PP argued that the limit of 20% of the amount raised by the issue of a musical work into a schedule with “the absence of significant audience” will only apply to the collection of music publishing and not of the authors. This formula of return (known as the wheel) has been in the eye of the hurricane by a scandal, fraudulent in the collection of the copyright.
According to the text approved, the management entities shall take the measures necessary to avoid that certain works receive disproportionate amounts in relation to commercial returns and / or hearing that occur during its exploitation. Some operators believe that this is excessive tightening which hurts the authors and artists who work in the editorials of the media.
The law validates the assignment of music publishing of the authors during his lifetime and up to 80 years after his death. United we Can posed to reform this aspect but its proposal to delete these “contracts of slavery” has not prospered.
The standard also provides additional controls to the management entities, and reinforces its transparency. So, to those management entities, which collected more than 100 million euros per year (in Spain, only the SGAE reaches that figure) will have to appoint “as members of the body of internal control of a number of independent third parties equal to the number of members of the management entity to integrate such a body”. In addition, it requires traceability of the accounts to know in detail the source of the income or source of revenue.
The law does not regulate the material reciprocity, a claim of the users to avoid the payment of rights that are not recognized in other countries. In Spain, they recognize certain rights that are not endorsed in non-eu countries, especially the united States and various States of the Commonwealth.
