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Title: | La reforma del artículo 32 del TRLPI: una reforma explosiva, injustificada y doblemente inútil |
Author: | Xalabarder, Raquel |
Citation: | Xalabarder, R. (2015). La reforma del artículo 32 del TRLPI: una reforma explosiva, injustificada y doblemente inútil. IDP. Revista de Internet, derecho y política, (20), 121-139. doi: 10.7238/idp.v0i20.2645 |
Abstract: | The amendment to Article 32 TRLPI introduced by Law 21/2014 affects two very different issues, through limitations with different scope, which have little to do with the quotation limitation to which this article has traditionally referred: one for the online aggregation and search of news and the other for educational and scientific research purposes. The introduction of a double limitation to allow aggregators and search engines to link to news content available online is one of the most critical issues raised in the parliamentary process of this law; not only because of the legal uncertainty resulting from the rather deficient wording, but also because the former is subject to a fair compensation under mandatory collective management. These measures hardly fit EU law, contradict basic international law, and may have anti-competitive effects as well as hinder the smooth operation of the EU internal market. For educational and research purposes, on one hand, the existing limitation in Art. 32.2 TRLPI (which becomes Art. 32.3 TRLPI) for the use of small excerpts in formal education is extended to cover distance and online education and, on the other, a new limitation (Art. 32.4 TRLPI) is introduced to allow for partial use of publications by universities and public research centres, subject to the payment of fair remuneration under compulsory collective management. Both limitations are insufficient to meet the needs of education and research and remain far from the scope allowed under the limitation for education and research purposes in Art. 5.3 (a) of Directive 2001/29/EC. |
Keywords: | limitations quotation news aggregators search engines educational purposes research purposes |
DOI: | 10.7238/idp.v0i20.2645 |
Document type: | info:eu-repo/semantics/article |
Version: | info:eu-repo/semantics/publishedVersion |
Issue Date: | 6-Feb-2015 |
Publication license: | http://creativecommons.org/licenses/by-nc-nd/3.0/es/ |
Appears in Collections: | 2015, n. 20 Articles cientÍfics |
Files in This Item:
File | Description | Size | Format | |
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ReformaArt32.pdf | 438,92 kB | Adobe PDF | View/Open |
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