The Association of Information Media (AMI), which represents more than 80 Spanish information media, has expressed its satisfaction for the approval this Tuesday in the Council of Ministers of the Royal Decree establishing the list of equipment, devices and supports materials subject to the payment of equitable compensation for private copying, provided for in article 25 of the revised text of the Intellectual Property Law.
This regulation also introduces for the first time that newspapers, magazines and sheet music are holders of the right to compensation due to the private copy limit. In this way, Spanish legislation equates the situation of the press with the rest of Europe. In this way, photocopying press articles, reproducing them on the mobile or downloading them to our computer will have compensation for the publishers, who until now have not received one euro for those copies that individuals make for their personal use.
The Royal Decree, which consists of six articles, includes an annex with the list of equipment and supports subject to the payment of this compensation. Basically, these are digital devices such as smartphones, tablets, computers, hard drives, USB… digital storage material that allows copies and reproduction of works, lawfully and for private use, without the necessary knowledge or authorization. from the author.
From AMI, its general director, Irene Lanzaco, thanks the Ministry of Culture and Sports and, in particular, the General Directorate of Cultural Industries, “for the sensitivity that it has shown with the world of the press when it comes to putting an end to a Historical discrimination and injustice that deprived us of our legitimate income, which in no case are we in a position to give up if we want to guarantee the sustainability of the information media, fundamental in our democratic societies”. AMI is also grateful for the decisive support received from CEDRO, the entity that protects the intellectual property rights of written culture, and from the book publishers represented in it.
“Historical discrimination that deprived us of our legitimate income is put to an end,” says Irene Lanzaco, director of AMI
After the approval of the royal decree, the copyright collective management societies that manage the compensation for private copying by legal mandate will present the internal distribution agreements to the Ministry of Culture. As a result of these and after the validation of the agreement by the Ministry of Culture, the new private copy compensation right will reach the press endowed not only with regulatory value but also with effective economic recognition.
In this sense, Lanzaco expresses the will of the press to participate in the economic value of private copying “in a fair manner, in accordance with the effective uses of their works.”
With a vocation for service
The income that private copying will bring to the press will allow the headlines of the information media to be more sustainable and apply these new resources to the development of information carried out by journalists with a vocation for service to society, from the identity and responsibility of their authors. and editorial groups. «Unlike the information that is distributed by social networks, often from anonymity, polarization and, in many cases, infringing the right to privacy of users by improperly capturing their personal characteristics, thus violating their right to privacy”, denounced the general director of AMI.
Lanzaco also recalls the appeal made by Unesco to governments to create more favorable environments for the economic viability of the media, with respect for the rules of editorial independence and freedom of expression.
Positive impact on the sector
For its part, CEDRO also considers the text of the royal decree positive “since it recognizes for the first time the compensation for private copying to the newspaper, magazine and sheet music sector, as well as for updating the devices subject to the payment of this compensation and its rates ». «This royal decree puts an end to historical discrimination» suffered by press and sheet music publishers compared to the rest of rights holders, nationals and from other European countries, «since they did not have recognized compensation for the private copy of their works”, says Jorge Corrales, general director of CEDRO.
“Advance is being made in a fair system, which compensates rights holders for the harm that this type of reproduction causes them,” says the director of CEDRO, Jorge Corrales.
From this entity it is considered that this new regulation will have a positive impact on the sector, “to the extent that progress is made in a fair, supportive and equitable system, which comes to compensate rights holders for the damage that this type of reproductions they cause them”, explains Corrales.
The director of CEDRO stresses that this royal decree is the result of joint work by the technology industry, the cultural sector and the Ministry of Culture and Sports itself, which has ensured an agreement satisfactory to all. In addition, CEDRO appreciates the support and work of all the associations, entities and Administration that have participated in the negotiations and their strategic role in reaching a common agreement.
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