1. Collective Management of press clippings in Spain
Susana Checa Prieto
Brussels, 10th June 2011

2. Consequences of the legal framework SWOT analysis Summary Conclusion
Outline
Legal framework
Consequences of the legal framework
SWOT analysis
Summary
Conclusion 2 2

3. TWO RULES FOR TWO DIFFERENT USES
1. Legal framework (I)
TWO RULES FOR TWO DIFFERENT USES
FOR PROFIT COMPILATIONS
PCAs
CLIENTS
INTERNAL USE OF CLIPPINGS
Art. 32 Spanish Intellectual Property Act
Art. 17 Spanish Intellectual Property Act

4. Quotation includes the compilation of newspaper and magazine articles
1. Legal framework (II): COMPILATIONS
Spanish Intellectual Property Act (Royal Legislative Decree 1/1996, modified by Law 23/2006)
Quotation includes the compilation of newspaper and magazine articles
LEGAL EXCEPTION
For profit compilations
(i.e.- commercial purpose: product sold to a third party)
TWO OPTIONS
No objection from author: remunerated legal exception
Objection from author: individual permission or collective licence

5. individual permission or collective licence is required
1. Legal framework (III): INTERNAL USE OF CLIPPINGS
Spanish Intellectual Property Act (Royal Legislative Decree 1/1996, modified by Law 23/2006)
Quotation includes the compilation of newspaper and magazine articles
LEGAL EXCEPTION
Internal use of clippings
GENERAL RULE
individual permission or collective licence is required
Exclusive right of author
to decide the use of the work

6. 1. Legal framework (IV): Definitions under the law
AUTHOR
PUBLISHER

7. For profit compilation
2. Consequences of the legal framework (I)
STEP 1
For profit compilation
PCAs
LEGAL EXCEPTION
STEP 2
END USERS
Internal use of clipping

8. Is the system working? NO
2. Consequences of the legal framework (II)
Is the system working? NO
Agreement RH – PCAs considered anticompetitive
Not every press clipping agency has a license.
CEDRO can not approach the “second” market yet.
But we are establishing the basis for the approach.
Right holders
PCAs 8 8

9. Open interpretation of the law
3. SWOT analysis
Strengths
Weaknesses
The right is established
Open interpretation of the law
CEDRO is acknowledged as a player in the market
Dysfunctional market
CEDRO has never been charged with a misdemeanor under the law
Low level of remuneration for RH
Art. 17 & 32 have yet to be monetized
Amendments to the law
CEDRO can provide a win-win solution for all parties
RH eligibility for remuneration can yet be appealed to a higher court
Develop a simple and secure system for RH and users
RH risk averse to legal challenges
Opportunities
Threats

10. Legal system is not practical
4. Summary
Legal system is not practical
RH are not able to protect and monetize their rights
RH are concerned that financial rewards will not compensate for the risk of future legal challenges
CEDRO is working towards consolidating its position in the market.
CEDRO could provide a win-win solution for all players 10 10

11. 5. Conclusion
Challenging situation - CEDRO should work the system for the benefit of every party and is in the position to do so 11 11

12. Thank you for your attention
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