Prof. Raquel Xalabarder
Chair of Intellectual Property
Universitat Oberta de Catalunya.
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In February 2014, the Spanish Government proposed a bill to amend the Spanish Intellectual Property Law (TRLPI). Among other amendments, the bill introduces an ancillary right in favor of press publishers for the aggregation of news and other copyrighted content available online by means of a statutory limitation that authorizes the aggregation of online contents subject to an unwaiveable equitable compensation, managed by the corresponding Collective Management Organization [CMO]. Search engines are also authorized to link to this copyrighted content, this time without any remuneration.
The proposed statutory license has been severely criticized from all sides: by Spanish consumers’ associations, aggregators, search engines and providers of internet services, in general, as well as by some press-publishers. The bill is now under parliamentary proceedings.