Copyright regulation in Spain has undergone significant transformation in recent decades in response to digitalisation, technological change and evolving cultural markets, while seeking to balance the protection of creators with broader access to culture. The current framework is based on the revised text of the Intellectual Property Act (Royal Legislative Decree 1/1996), which consolidated and systematised copyright law and continues to serve as the central legal instrument in this field.
Subsequent reforms progressively adapted this framework to new digital environments. Law 23/2006 introduced changes to transpose European legislation and strengthen the protection of authors and rights holders while maintaining access to cultural works. Growing concerns regarding online piracy led to further modifications through Law 2/2011 on Sustainable Economy, which reinforced administrative enforcement mechanisms and strengthened the role of the Intellectual Property Commission, responsible for mediation, arbitration and enforcement in copyright matters.
Additional reforms were introduced by Law 21/2014, which enhanced oversight of collective management organisations, expanded tools to combat digital infringements and revised rules on private copying. The reform also transposed European regulations on performers’ rights and orphan works, while introducing provisions on content aggregation and publishers’ remuneration in digital environments.
Compensation for private copying has been a particularly contested area. The traditional system based on levies on recording devices and media—the so-called “digital canon”—was abolished in 2011 and replaced by compensation financed through the State budget. Subsequent legal and European-level developments led to further adjustments, and current arrangements place responsibility primarily on manufacturers and distributors of reproduction equipment, while exempting certain professional and public uses.
More recent reforms have been strongly influenced by European Union legislation and digital market regulation. Royal Decree-Law 2/2018 incorporated EU provisions on collective rights management and improved access to copyrighted works for persons with visual disabilities. A major step followed with Royal Decree-Law 24/2021, which transposed the Directive on Copyright in the Digital Single Market (EU) 2019/790 and the Directive on online transmissions and retransmissions (EU) 2019/789. These reforms introduced new rules concerning platform responsibilities, press publishers’ rights, text and data mining exceptions, and mechanisms to improve remuneration and bargaining conditions for creators in digital environments.
Collective management organisations continue to play a central role in the administration of copyright and related rights, although their activities have been subject to increasing regulatory oversight in response to concerns about transparency, governance and accountability. Copyright policy has thus evolved beyond traditional authors’ rights protection to encompass broader issues related to platform regulation, digital ecosystems and equitable remuneration.
While copyright legislation remains an exclusive competence of the central government, several Autonomous Communities—including Andalusia, Aragon, Asturias, Catalonia, Extremadura, Galicia, La Rioja, Madrid, Murcia, the Basque Country, and Valencia—exercise certain administrative functions, particularly through the management of territorial branches of the Intellectual Property Register. This framework was updated by Royal Decree 611/2023, which modernised registration procedures, strengthened coordination between central and regional authorities and adapted the system to contemporary administrative and digital requirements.
Comments are closed.