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Spain: what the rules say

2026/09/26 · 背景情報

この内容は原文の言語（英語）でのみ公開されています。

Background on the rules in Spain, from the provisions as read on 2026-09-24. Rules differ by country and change over time. This is background, not legal advice — for anything turning on a deadline or a particular court, ask a qualified professional where you live.

ES01 | How are Spanish text and image works and rights recorded?

Articles 1, 10 and 17–21 of the LPI provide the framework for creation, categories of work and exclusive rights. Preserve the original work, the process of creation and the specific corresponding content, without treating abstract stylistic resemblance as copying of protectable expression.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E01 (SOP06), E04 (SOP01), E05 (SOP01), E08 (SOP06), E23 (SOP03), E27 (SOP04)

Source: [S14] Arts.1,10,17-21

ES02 | What is the additional Spanish TDM material?

Article 67 of RDL 24/2021 concerns lawful access, retention, reservation of rights and the research-institution situation. Keep historical evidence of licences and of machine-readable or other appropriate reservations. Read it together with the DSM Directive, and do not apply Spanish rules to Latin America.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E07 (SOP06), E10 (SOP06), E11 (SOP06), E30 (SOP02)

Source: [S15] Art.67(1)-(4)

Source: [S11] Articles3-4

ES03 | What extra preparation do images and electronic material need for court use?

Articles 382–384 of the LEC concern the reproduction of words, images and sound, their deposit, and electronic data. The material opening, the relevant part being locatable, the original plus any necessary transcript, the other side's ability to check it, and expert examination of disputes all have to be prepared before the procedure.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E17 (SOP02), E23 (SOP03), E24 (SOP02), E27 (SOP04), E29 (SOP04), E44 (SOP05)

Source: [S16] Arts.382-384

Sources