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Private copying regulations in Spain

The Government approved Royal Decree-law 12/2017, of July 3, which regulates private copying, replacing the model covered by the General State Budget that has been declared illegal by the European Union Court of Justice with a model based on the payment of an amount to be met by the manufacturers and distributors of equipment, reproduction devices and media, in line with that which is legislated in practically all countries of the European Union.

Compensation debtors

Manufacturers in Spain, as long as they act as commercial distributors, as well as importers of equipment, devices and reproduction media for distribution in Spain.

Likewise, they must pay compensation with respect to the equipment, devices and reproduction media purchased by the distributors, wholesalers and retailers whose suppliers have not passed on to them and itemised the invoices fair compensation for private copying.

Compensation beneficiaries

Authors, artists, performers and phonographic producers in the AUDIO category. Authors, artists, performers, and audio-visual producers in the VIDEO category. Authors and editors in the BOOK category.

As established by Royal Decree-law 12/2017, of July 3 in its unique additional provision: "Constitution of the legal entity provided in article 25.10 of the revised text of the Intellectual Property Law".

Eight Spanish management entities have set up for the centralised management of fair compensation for private copying, the ventanillaunica.digital which private copy debtors must contact in order to send quarterly settlements, as well as for any doubt or clarification that they specify in relation to fair compensation for private copying.

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