Private copy

Is making a private copy a right of the users of protected works and services? It is not a right; it is a limit to the right of reproduction that the holders of the intellectual property rights have on the protected works or services.
This limit allows for certain published works, which have been obtained legally by an individual, to be reproduced by the latter, as long as the copy obtained is not used collectively or for profit.

Why has this limit been established for the right to reproduction? To allow individuals to use the appropriate equipment, apparatus and media to make copies of protected works and services without having to obtain the authorisation of the holder of the right.

Why do the holders of the works receive compensation for private copies? To compensate the economic damage caused by making copies for private use as allowed by law for individuals.

Who is required to pay the compensation for private copies? In Spain, the obligation to pay the compensation falls on the manufacturers and importers of equipment and media appropriate for reproducing works, which will be distributed commercially or used within Spain. In addition to the above, the subsequent purchasers in the distribution chain who are not considered end consumers or users of the equipment and media are considered to be jointly responsible for the payment of the compensation.

Who decides what equipment and formats suitable for reproduction are subject to payment of the compensation for private copies and fixes its amount? Article 25 of the Consolidated Text of the Intellectual Property Act details what equipment, materials and means of analogue reproduction are subject of the compensation, and establishes its amount.
The decision on what equipment, material and digital formats are subject to payment of a compensation, as well as its amount, is made jointly by the Ministry of Culture and the Ministry of Industry, Tourism and Trade, following negotiation between the fee creditors and payers, and after consulting the Consejo de Consumidores y Usuarios (Council of Consumers and Users).

May I make a private copy of any type of protected work or service that has been published?Yes, except for computer programs and electronic databases.

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