SpainTRLPI Article 32, Citation, Press-Review, and Aggregation-Service Exception
Real Decreto Legislativo 1/1996 (TRLPI) art. 32, paragraph 2 as amended by Real Decreto-ley 24/2021, de 2 de noviembre, art. 80.2 (BOE-A-2021-17910)
In force since .
A snippet reproduction rule binding private bodies.
- Instrument type
- an act of a legislature
- Categories
- Publisher right
What it requires
- You may present periodic compilations of press articles as press reviews or press digests, which are treated as quotations; if a compilation consists essentially of mere reproduction for commercial purposes, pay equitable remuneration to an author who has not expressly objected, and obtain the authorization of an author who has (art. 32.1).
- If you are a content-aggregation service provider making press text or text fragments available to the public, obtain the rights holder's authorization under Article 129 bis (art. 32.2, as amended in 2021).
- A search engine's keyword-search tool needs no authorization or remuneration where its display is strictly limited to what is needed for non-commercial search results and includes a link to the source page.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a search service or social platform that shows a link preview with a headline and a text fragment of a press publication count as a 'prestador de servicios electrónicos de agregación de contenidos' under Article 32.2 TRLPI, which the article does not define?
- Does a search result that shows a text fragment beyond the title stay 'estrictamente circunscrita a lo imprescindible para ofrecer resultados de búsqueda' under the second paragraph of Article 32.2 TRLPI, when the display must also carry a link to the source page?
What this law does
Periodic compilations of press articles in the form of reviews or press digests are treated as quotations, but where a compilation consists essentially of mere reproduction of articles and is made for commercial purposes, an author who has not expressly objected is entitled to equitable remuneration, and where the author has expressly objected the activity is not covered by this limit, per Article 32.1.
Since the 2021 amendment, a content-aggregation service provider that makes press text or text fragments available to the public needs the Article 129 bis authorization from the rights holder, per Article 32.2. A search engine's keyword-search tool is exempt from authorization and remuneration when its display is strictly limited to what is needed for non-commercial search results and includes a link to the source page.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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