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Limits or exceptions to copyright

The exclusivity of exploitation rights in favor of its owner has some exceptions or limits. The existence of these limits allows certain uses of protected works to be made without the need to request permission from their owners, since it is the law that authorizes this activity. In some cases, however, the law provides for fair compensation in favor of the owners.

  • The parody is authorized.
  • The use of works and articles on current issues is authorized, as well as conferences, speeches or reports before the courts that have been pronounced in public.
  • The use of works susceptible of being seen or heard on the occasion of current information is allowed, provided it is done with the purpose of informing about the activity. Works permanently located on public roads may also be used.
  • A series of exceptions are authorized in favor of teaching and / or research and access to culture:
    • The use of fragments or complete isolated works, such as paintings, photographs, etc. by way of citation (art. 32.1 LPI), indicating the author and the source.
    • Reproduction for research or conservation purposes, not for profit, by museums, libraries, libraries, film libraries, newspaper archives or publicly owned archives integrated into cultural or scientific institutions (art. 37.1 LPI).
    • The use of databases for teaching illustration or for scientific research (art. 34.2 LPI).
    • The use of small fragments of works or isolated works of a figurative plastic or photographic nature for the illustration of teaching by regulated education teachers when, without a commercial purpose, the rest of the conditions established in art. 32.3 LPI.
    • The library loan (art. 37.2 LPI).
    • The reproduction, loan and consultation through specialized terminals (art. 37.3 LPI).
    • In exchange for equitable remuneration, acts of partial reproduction, distribution and public communication of a chapter of a book, article of a magazine or extension equivalent to 10 percent of the total work are authorized, provided that the acts are made for illustration for educational and scientific research purposes and meeting the other conditions established in art. 32.4 LPI. (Agreed CRUE / CEDRO-VEGAP signed by the University of Alicante)
  • Acts of reproduction, distribution and public communication of works already disclosed that are made for the benefit of people with disabilities do not need authorization.
  • The news aggregators are authorized to link Internet contents in exchange for an equitable remuneration
  • The use of works protected by public security requirements or for the proper development of official procedures of a judicial, parliamentary or administrative nature is licit.
  • Provisional copies of a technical nature are authorized
  • The private copy made by a natural person that has been legally accessed from a lawful source is authorized. Except the copy of databases, computer programs and works that have been made available to the public, by wire or wireless, so that anyone can access them from the place and at the time choose
  • In favor of legitimate users it is authorized:
    • The use of databases
    • The use of cable and satellite to carry out an authorized public communication
    • The making of a technical copy for broadcasting purposes
  • The authorization of the author for the execution of musical works is not required, as long as they are official acts and religious ceremonies, that are freely accessible to the public and that the interpreters do not receive specific remuneration.

The application of all the limits described above must be interpreted in such a way that they do not cause unjustified damage to the legitimate interests of the author or that are detrimental to the normal exploitation of the work.

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