Spain has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Article 32(1) of Law 23/2006. The national exception is much more restrictive than the EU exception.

Implementation summary:

This exception allows for the inclusion of fragments of other works of a written, audio, or audiovisual nature, as well as isolated works of a figurative, plastic or photographic nature, in a work of one's own, provided that they are works that have already been disseminated and their inclusion is made by way of quotation or for analysis, commentary or critical judgement. Such use may only be made for teaching or research purposes, to the extent justified by the purpose of such inclusion and indicating the source and the name of the author of the work used.

Implementation details:

Beneficiaries:

• any user

Purposes:

• for analysis, commentary or critical judgement
• for teaching or research purposes

Usage:

• inclusion of fragments of other works in one's own work

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts
• mere photographs
• editorial productions of unpublished public domain works

Compensation:

• no remuneration required

Attribution:

• indicating the source and the name of the author of the work used is required

Other Conditions:

• works used must be already disseminated
• works used must be of a written, audio, or audiovisual nature or isolated works of a figurative, plastic or photographic nature
• use may only be made for teaching or research purposes
• use must be limited to the extent justified by the purpose of the inclusion
• use is allowed within the user's own work only

Introduced/last updated: 04 November 2014

Remarks: The Spanish quotation exception is very limited in its scope originally due to the fact, that prior to the transposition of the InfoSoc Directive, it was effectively fused with the educational and research exception. To this day, although free use for the purposes of illustration for teaching and research has been expanded on in a separate provision (art. 32, paras 3 and 4 of the Law), the cumulative requirements for the quotation to be simultaneously i) in the form of analysis, comment or critique and ii) restricted to teaching and research purposes, remain in force.

The Spanish provisions regulating quotation also accommodate the so-called press clippings exception (according to the second part of art. 32(1), '_Periodic compilations made in the form of reviews orpress reviews will be considered citations_') and 'Google tax' (art.32(2), applicable to both search engines and content aggregation). Although very interesting, these provisions are not taken into account in the present analysis, because they cannot be deemed to implement art. 5(3)(d) of the Infosoc Directive _strictu sensu_.

The exception applies to neighbouring rights on the basis of the general provision of Art. 132 of the Law.