1. The entity
1.1. The Spanish General Society of Authors and Publishers
The owner of this website is the SOCIEDAD GENERAL DE AUTORES Y EDITORES (SPANISH GENERAL SOCIETY OF AUTHORS AND PUBLISHERS) (hereinafter, "SGAE"). SGAE is a civil association, authorised as an entity for the management of intellectual property rights by the Ministry of Culture Order of 1 June 1988. SGAE operates in the territory of the Kingdom of Spain and extends its activities abroad; it is registered on the National Register of Associations of the Ministry of the Interior under number 82.089 and has Tax ID number G/28029643. Its address is in Madrid, at calle Fernando VI, number 4, postal district 28004.
The operation of SGAE is governed by the provisions of its Statutes and by the provisions of Royal Legislative Decree 1/1996, of 12 April, approving the Revised Text of the Intellectual Property Law, by Law 5/1998, of 6 March, of incorporation into Spanish law Directive 96/9/EC of the European Parliament and of the Council on the Legal Protection of Databases, which amends it, by Organic Law 1/2002, of 22 March, regulating the Right of Association. As regards data protection, SGAE is governed by the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and by which repeals Directive 95/46/EC (GDPR), and any implementing legislation.
The main purpose of the SGAE is the protection of the author, the publisher and other rights holders through the effective management of property rights whose administration they have conferred. SGAE also carries out other related tasks for the main purpose such as:
a) The promotion of support activities or services for the benefit of the members.
b) The cultural promotion of works for the dissemination and revaluation of social repertoire.
c) The defence of the moral rights of its members.
2. The website
2.1. Aims and end users
This website provides access to a range of services offered by SGAE, the main end users being authors, publishers, rights-holders, customers or licensees, etc. However, this website is also a communication tool that allows those who are not partners or customers, to access or learn about the services or activities that SGAE undertakes.
2.2. Access to services
This website provides access to a range of services offered by SGAE relating to the management and exploitation of intellectual property rights and other rights granted to SGAE. The website provides information on fees, licensing models, information on copyright fraud, information on repertoire and settlements, legislation, jurisprudence, doctrine and bibliography on intellectual property, information on the holding of courses, seminars, conferences, congresses, scholarships, awards, book publishing, etc. The website also provides information on: online training, hosting of web pages, obtaining e-mail accounts, etc. provided by SGAE.
2.3. Website Administration
LThe headquarters from which the SGAE website is administered and managed is located in the Autonomous Community of Madrid, Spain. The technological infrastructures that support the SGAE website are located in Spain.
3. Rules of use
3.1. Purpose and acceptance
The main purpose of this document is to regulate the conditions of use of the services, personal data and contents included on the SGAE website. Those who freely access or register on the SGAE website are obliged to abide by them. Access and navigation of the Website implies the acceptance of this Legal Notice.
3.2. Unauthorised conduct
Those who access the SGAE website must scrupulously observe the applicable legislation, ethical codes, collective agreements, rules of use of the website, etc. According to these, any user of the website will refrain from any conduct that implies:
a) Defaming, slandering or libeling people.
b) Denigrating products or services produced or provided by companies or entities.
c) Disseminating computer viruses through e-mail that damage computer programmes or affect content, support or systems.
d) Removing technical protection from programmes.
e)Incorporating content of any kind for which they do not have the corresponding intellectual and industrial property rights, including the rights of exploitation and especially the right of public communication.
f) Disseminating xenophobic or pornographic content.
g) Voluntary or involuntary disclosure of passwords to others.
h) Allowing the use of passwords by anyone other than the holders.
i) Using trademarks, logos, etc., without proper authorisation.
j) Publishing content protected by patent, official or trade secrets legislation.
k) Using the contents of the website for commercial purposes.
l) Associating the contents of the SGAE website with information of a pornographic nature, relating to any type of exploitation, of a racist nature or linked to terrorism or arms trafficking.
m) Separating the images included in the pages of the website from the text.
n) Amending, publicly communicating, distributing, assigning, reproducing or modifying the contents of the website, unless the legal exceptions can be used.
s) Using the content that is displayed with reference to reserved rights without the corresponding authorisation.
o) Failure to comply with the technical requirements or specifications established for access to the website
3.3. Suspension of the provision
The operation of the SGAE website is based on servers belonging to SGAE or service providers connected by means of public and private communications infrastructures. Access to the SGAE website may be suspended for technical reasons or for reasons of force majeure, such as: a) Electricity supply or telephone network failures, b) Virus attacks on the servers that support the website, c) Errors by Users accessing the website, d) Fires, floods, earthquakes, e) Strikes or labour disputes, f) Military conflicts. These causes, which are enumerated but not limited to, are unforeseeable or inevitable, foreseen or foreseeable. SGAE is exonerated from any type of liability arising from the foregoing situations.
3.4. Cancellation and User cancellation
Registration of Users on the SGAE website is free. Its use must be in accordance with the conditions set out in this document. Failure to comply with these conditions will permit SGAE to cancel the User's subscription or suspend or cancel the provision of the service requested or provided.
4. Intellectual property
4.1. Types of content
The content included in this website are published in the form of news, book reviews, reports, jurisprudence analysis, doctrinal articles, legislative repertoire, interviews, answers to frequently asked questions, photos and images, training programmes, statistical tables, graphs, bases of calls for prizes or grants, etc. This content is generated by SGAE, other entities related to SGAE or external suppliers as appropriate. SGAE undertakes to do its utmost to ensure that the information is correct, although it cannot guarantee the absence of errors.
Also, the website may provide other content such as trademarks, logos and other distinctive signs, designs, etc.
4.2. Legal protection
The content included on the SGAE website is protected by Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, as well as, where applicable, by the rules on industrial property, unfair competition and other regulations that may apply. This content is the property of SGAE or this accounts for the corresponding licenses and/or authorisations on the intellectual and industrial property exploitation rights.
Under no circumstances shall it be understood that the access, navigation and use of the Website by the user implies a waiver, transfer, licence or total or partial transfer of these rights by SGAE or third-party owners. When accessing the website, the user acquires the right to use the contents of the website within a domestic environment while using it, and only for the purpose of enjoying the services offered in accordance with this Legal Notice.
Use of references to trademarks or registered trade names, logos or other distinctive signs, whether owned by SGAE or by third parties, is implicitly prohibited without the consent of SGAE or its legitimate owners. At no time, unless expressly stated otherwise, does access, browsing or use of the website or its contents confer any rights on the user on distinctive signs included therein.
All intellectual and industrial property rights over the contents of the website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the same, for public or commercial purposes, without the prior express written authorisation of the Provider or, where applicable, of the holder of the corresponding rights.
The services and products offered, or any information provided through the website may not be used for commercial or advertising purposes without prior written authorisation from SGAE. In any event, the user undertakes not to use the Website for illegal or prohibited purposes.
The user must comply with these conditions, as well as any applicable legal obligations. Otherwise, this may imply the realisation of an offence, an administrative infringement, a misdemeanour or a crime, which may give rise to civil, administrative, labour or criminal liability. In this respect, SGAE shall have the right to initiate the commencement of proceedings for the Courts of Justice to determine the liability that may arise.
The SGAE website may refer or link to pages or websites of entities related to SGAE or to third parties linked to SGAE's activity. In this regard, we inform you that SGAE does not manage or construct the pages to which it redirects, and therefore SGAE is not responsible for their content, the processing of the data they provide, the services they provide or their operation, nor for any damages or losses arising from access and use by users.
7. General information
7.1. Accessibility to the website
In the development of the SGAE website, the accessibility criteria applicable to the websites, compiled by the World Wide Web Consortium (W3C), have been taken into account. The pages have been laid out, the hypertext links have been set up, the information of each web page has been structured, etc. according to these criteria. The construction of the SGAE website pages has thus been developed in accordance with criteria or standards that represent an international standard. SGAE may modify the configuration and presentation of the website at any time, without prior notice.
7.2. Availability and upgrading
The conditions of this Legal Notice are available to those who access the pages of the SGAE website, as partners, customers or interested parties in SGAE's activities. The website can be entered, and the conditions consulted and printed without registering. The content of the Legal Notice may be modified in accordance with changes in the applicable legislation, the structure of the organisation, the services, the design and technical specifications of the website, the technological infrastructure, fundamentally.
7.3. Applicable law
The current conditions of use of services, personal data and content included on the SGAE website shall be understood in accordance with Spanish legislation. Due to the supranational nature of electronic communications infrastructures, those accessing the SGAE website from other countries must comply with the applicable legislation passed in each state.
7.4. Entry into force