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Congress approves intellectual property law
By h.b. - Jun 22, 2006 - 4:57 PM
ALSO SEE : • Murcia University professor found guilty of plagerism - Sep 12, 2008 - 8:13 AM
• Telecinco starts legal action against YouTube - Jun 19, 2008 - 6:53 PM

The General Secretary of the Fundación Autor, Francisco Galindo - Photo EFE
The General Secretary of the Fundación Autor, Francisco Galindo - Photo EFE
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A new canon will be placed on recordable media
Congress has approved the reforms to the intellectual property laws in Spain, with the deputies supporting amendments passed previously in the Senate.

However only the large parties have agreed the reforms of the text which has been criticized by cultural bodies, consumers’ organizations and the technology sector.

The new law means that a cannon is charged on any virgin media, be it for CD, DVD or MP3 players and mobile phones, scanners and even printers and pencil memories, and comes into effect as soon as it is published in the official state bulletin. However the amount of the cannon has to be agreed still between all sides.

The money collected will be paid to the copyright owners of the music or films concerned.

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ALSO SEE :
• Murcia University professor found guilty of plagerism - Sep 12, 2008 - 8:13 AM
• Telecinco starts legal action against YouTube - Jun 19, 2008 - 6:53 PM
• Spanish PSP software developer facing legal action from record companies - Jun 5, 2008 - 10:51 PM
• Spain has its biggest ever success against music and film pirating - Mar 12, 2008 - 9:41 PM
• 24 arrested in swoop against pirate software in Spain - Mar 8, 2008 - 1:15 PM
• 28 arrested across Spain in Television copyright swoops - Dec 28, 2007 - 8:44 PM
• Spanish Congress votes to keep and extend the digital cannon - Dec 20, 2007 - 7:48 PM
• Mariano Rajoy calls for digital cannon to be scrapped - Dec 15, 2007 - 11:05 AM
• Spanish Senate cancels CD and DVD surcharge - Dec 12, 2007 - 9:21 PM
• Police chief says downloading content from eMule is no problem - Nov 19, 2007 - 3:22 PM
• Website closed and Alicante adminstrators arrested for infringing copyright laws - Jul 26, 2007 - 9:21 PM

Comments

Bruno
22 Jun 2006, 20:59
We will end up paying a canon on our memory if we possibly can remember copyrighted material.
Has this not gone a bit too far?
Pete
28 Jun 2006, 03:53
So, assume every one is going to commit piracy.
1) So, do I get a refund for all the email I back up on CD's?
2) Where can I bring the CD's that don't contain music for my refund. Because i know the government would not tax me for something that is non-existant on my part.
3) For the people that download music and movies; I guess the RIAA / MPAA won't be pressing charges and wasting courts time; because they are being compensated for their movies and music. So, I guess this makes files sharing of movies and music legal; due to an agreed compensation package. Or have I mis-understood the premesis of said tax.

PS: This is coming from a non citizen, of Spain. But I guess this questions can be answered by any governement that imposes said taxes on media. I am looking at various governments though out the world.
Ramon
28 Jun 2006, 06:59
And how will the money "be paid to the copyright owners of the music or films concerned" when the copyright owners are unidentified? What if I buy some blank DVDs to transfer all my home movies to DVD? Where do I apply to receive the money?

There's another, worse issue: In all likelihood the sole beneficiaries of this money will be all the big music and film companies. What about small, independent labels or even small groups and performers who aren't represented by such companies? Not only will they not receive a cent, they will actually have to PAY THEMSELVES. I know amateur bands who make their own recordings and produce their own CDs - using just such blank media. With this law, the small, struggling bands or performers will end up paying a tax to the Michael Jacksons and Madonnas for selling their own material.
Roc
29 Jun 2006, 06:51
Wrong, wrong and wrong. This news story is wrong, the moment it says:

"The money collected will be paid to the copyright owners of the music or films concerned."

It just isn't true; Just for the sake of things being clear, the money is given to intermiddle and private organizations such as SGAE, a theorically non-lucrative organization, which has an insane number of members, both musicians and writers, but mostly musicians.

For a musician to record something or to be able to use a concert hall, he has to be a member, so most of their members are locked in that way.

On the inside, SGAE works in a way that is quite interesting: Only a few artists, the most popular ones, do have the right to vote on the decisions, and the 150 most popular ones or so do have 5 votes. What this means is that a core team of just a few people make all decisions and get all the money.

So, don't even think SGAE is a fair organization or that the money really goes to the artists or something like that. Nevertheless, the canon is a bad idea independly of that, because I shouldn't have to pay any "author" each time I want to record a knoppix CD, my photos, backup my drives or whatever; in fact, I don't buy at all the fake consumers/authors division they created; everybody is a potencial author IMHO, and shouldn't have to register to dirty intermiddle orgqnizations like SGAE to be recognised as such.
Francisco
30 Jun 2006, 19:33
The phony thing about this law is that there is a tax on blank media but the copyright owners are allowwed to use DRM preventing the "fair use" copies, and it is a felony to circumvent that DRM measures; so we pay a tax but we cannot use media to make fair use copies except for those rare ocations when there is no copy protection on the original.

Fran
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