Título IV. Limitaciones a la protección

Works protected by this law may be lawfully communicated without the need for the authorization of the author or the payment of any remuneration where the communication:

a)Is carried out in an exclusively domestic setting, provided that there is no direct or indirect economic interest and that the communication is not deliberately disseminated outside, in whole or in part, by any means.

b)Is effected for exclusively didactic purposes, in the course of the activities of an educational institution by the staff and students of said institution, provided that the communication does not pursue direct or indirect profit-making purposes and the audience is composed exclusively of the staff and students of the educational center or parents or guardians of pupils and other persons directly linked to the activities of the institution.

c)Is indispensable for the conduct of a judicial or administrative proceeding.

d)The reproduction and distribution of accessible copies for blind persons, persons with low vision and persons with other limitations in accessing printed text, which have been protected by copyright, are carried out. This shall be possible provided that the reproduction and distribution are made by authorized entities.

e)Refers to the distribution of encrypted materials or materials protected by any other system that prevents their reading by persons who are not beneficiaries. The authorized entities shall assign and administer the access keys to the protected works. The authorized entities shall consolidate the accessible copies in a single database at the national level and shall be able to carry out cross-border exchange with another national authorized entity of another country or international organization certified for such purposes.

The authorized entities shall maintain a single database of beneficiary persons, for whom respect for privacy shall be guaranteed.

To comply with subparagraphs d) and e) of the preceding article, the following exceptions and limitations are established:

a)Beneficiary: Every blind person or person with permanent low vision that cannot be corrected and, therefore, is unable to read printed material in a substantially equivalent manner to another person who does not have the same condition. Likewise, persons with dyslexia or any other permanent physical or neurological deficiency affecting vision, manipulation or understanding of texts printed in conventional form.

b)Copy in accessible format: The reproduction of a work, in an alternative manner or form that gives beneficiaries access to it, such access being as viable and comfortable as that of persons without visual disability or without other difficulties in accessing printed text.

c)Encrypted: Encrypted, so that they cannot be read by persons lacking an access key.

d)Physical medium: Any tangible element that stores with digitized voice and digital texts on any electronic storage medium. Works reproduced and distributed in accessible copies shall state: the data of the authorized entity, the date of the original publication and the name of the natural or legal person to whom the copyright belongs.

e)Literary works: Poetry, short story, novel, philosophy, history, essays, encyclopedias, dictionaries, texts and all those writings in which form and substance are combined to express knowledge and ideas of universal or national interest.

f)Scientific works: Treatises, texts, popularization books, articles from specialized journals, and all material relating to science or technology in its various branches.

g)Authorized entity: State institution or national or international non-governmental organization, not-for-profit, with juridical personality, whose principal mission is to provide education, pedagogical training, adapted reading or access to information to blind persons, persons with low vision or with limitations in reading or handling printed text.

Authorized entities may:

1.Carry out the reproduction, distribution and making available of copies in accessible format, using the triple-criterion rule, which shall be distributed to the beneficiaries.

2.Mandatorily assign and administer the access keys to the protected works to the beneficiaries, for the purpose of recording the use of the copies of works, respecting the privacy of the beneficiaries

3.Consolidate the accessible copies in a single database at the national level and shall have the possibility of carrying out cross-border exchange with another authorized entity, State entity of another country or national or international non-governmental organization certified for such purpose, provided that a single database of beneficiaries and respect for privacy are preserved.

With respect to works already disclosed, it is also permitted, without the authorization of the author, in addition to what is provided in Article 32:

a)Reproduction by reprographic means of articles or brief excerpts from lawfully published works, for teaching or the holding of examinations in educational institutions, provided there are no profit-making purposes and that such use does not interfere with the normal exploitation of the work nor cause prejudice to the legitimate interests of the author;

b)The individual reproduction of a work by libraries or archives that have no profit-making purposes, when the copy is in their permanent collection, for the purpose of preserving said copy and replacing it in case of need, or to replace a similar copy in the permanent collection of another library or archive, when it has been lost, destroyed or rendered unusable, provided it is not possible to acquire the copy within a reasonable time limit or under reasonable conditions;

c)Reproduction of a work for judicial or administrative proceedings; and

d)Reproduction for personal use of a work of art permanently exhibited in public places or on the exterior facade of buildings, executed by means of an art different from that used for the creation of the original, provided the name of the author is indicated, if known, as well as the title of the work, if it has one, and the place where it is located.

The public lending of a lawful copy of a work expressed in writing, by a library or archive whose activities do not directly or indirectly have profit-making purposes, is permitted.

It shall be lawful, without authorization of the holder of the right and without payment of remuneration, with the obligation to mention the source and the name of the author of the work used, if indicated.

a)To reproduce and distribute by the press, broadcasting or transmission by cable or other means of dissemination, articles published in dailies or newspapers or periodical collections on current economic, political or religious topics, in which the transmission, dissemination or public reproduction is not subject to specific reservation;

b)To reproduce and make available to the public, on the occasion of information relating to current events, by means of photography, videograms, broadcasting or transmission by cable, fragments of works seen or heard in the course of such events, to the extent justified by the purpose of the information;

c)To use by any form of communication to the public, for purposes of information on current facts, political speeches, judicial speeches, dissertations, addresses, sermons and other similar works delivered in public, the authors retaining the exclusive right to publish them for other purposes; and

d)To include in one's own work, fragments of other third-party works of a written, sound or audiovisual nature, as well as works of a plastic, photographic or other analogous character, provided that they are works already disclosed and their inclusion is made by way of quotation or for their analysis, for teaching or research purposes.

The lectures or lessons delivered in educational establishments may be freely noted and collected, but their publication or reproduction, in whole or in part, is prohibited without the written authorization of the person who delivered them.

The publication of laws, decrees, regulations, orders, agreements, decisions, judicial decisions and decisions of administrative bodies, as well as the official translations of those texts, may be carried out freely provided that it conforms to the official publication.

Translations and compilations made by private parties of the aforementioned texts shall be protected as original works.

The publication of the portrait or photograph of a person is free only for informational, scientific, cultural, didactic purposes or when it relates to facts or events of public or social interest, provided that the prestige or reputation of the person is not impaired and that such publication is not contrary to morals or good customs.

The performance of phonograms and the reception of radio or television transmissions, carried out for demonstration purposes for customers within commercial establishments that display and sell receiving equipment, reproducing equipment or other similar equipment, or sound or audiovisual supports containing the works used, is lawful.

Broadcasting organizations may, without the author's authorization or payment of special remuneration, make ephemeral recordings with their own equipment and for use in their own broadcasts of a work that they have the right to broadcast. However, the broadcasting organization shall destroy the recording within the time limit of six months counted from its making, unless a longer time limit has been agreed with the author.

The recording may be preserved in official archives when it has an exceptional documentary character.