Search results : 342

On 29 May 2012, the Supreme Court issued a first decision on the appeal filed by the Asociación de Internautas (Association of Web Users) concerning the legality of the so-called Sinde Act (see IRIS 2012-4/22, IRIS 2012-2/18, IRIS 2011-3/17 and IRIS 2011-2/23). The “Sinde Act” is actually a modification of the Spanish Intellectual Property Act which aims at speeding up the procedure for blocking or closing down websites which provide illegal access to copyrighted content. It creates a Commission on Intellectual Property at the Ministry of Culture in charge a.o. of safeguarding intellectual property...

The new anti-piracy law in Spain (the so called Sinde Law after former Ministry Ángeles González Sinde, see IRIS 2012-2/18, IRIS 2011-3/17 and IRIS 2011-2/23) has hit a setback after the country’s Supreme Court agreed to hear an appeal by the Asociación de Internautas (Association of Web Users), who claimed the Sinde Law is unconstitutional. Spanish copyright laws have been criticised for over a decade after various courts ruled that the file-sharing of unlicensed content was not illegal, hindering civil legal action even against those who provide software or web services that enable copyright...

On 30 January 2012, the Spanish Constitutional Court declared the use of hidden cameras in a journalistic field to be unconstitutional, regardless of the public relevance of the investigation’s purpose. This statement arises from a lawsuit filed against a Spanish TV production company for the infringement of the rights to honour and to personal portrayal, when a journalist went to an appointment with an estheticienne (beautician) posing as a patient. The appointment was at the beautician’s home, which was partly used as her office, where the journalist recorded the voice and image of the beautician...

On 8 November 2011, the Basque Government approved a decree that regulates audiovisual communications services within the Basque Autonomous Community. It implements the New General Law of Audiovisual Communications approved by the Spanish Parliament in 2010 (see IRIS 2010-4/21), replacing all prior legislation for the Basque audiovisual sector. This new framework includes the liberalisation of audiovisual communication services, states that broadcasting licences will last for 15 years, instead of 10 years, and allows for more flexibility in their commercialisation after two years of being granted....

Spain’s new government has implemented the controversial Royal Decree based on the Intellectual Property final provision contained in the Ley de Economía Sostenible (Act for Economic Sustainability), informally known as Ley Sinde (Sinde Act), after former Minister of Culture Ángeles González-Sinde. The Sinde Act was passed by the Spanish parliament in February 2011, but opposition from the public kept the socialist government from implementing the law. The main aim of the law is to protect copyright owners, creators and other rightsholders against financial harm caused by illegal downloading. Under...