Queen Mary Journal of Intellectual Property

Regulating copyright in the digital age in Spain: the Sinde law

Ercilia García Álvarez * * and Sheila Sánchez Bergara * and Jordi López Sintas *

Keywords: Sinde Law, copyright, neighbouring rights, digital age, Spain


In recent times the legal framework governing copyright in Spain has been reformed continuously. Due to the access to and consumption of intellectual creations on the internet becoming easier and more widespread, the tensions between copyright and related rights holders and other social actors have heightened. In an attempt to resolve these conflicts legal formulas have been implemented to enhance copyright protection. One of the latest and controversial amendments to Spanish legislation in this area is the Sinde law. This article focuses on this reform because it modified key issues with respect to copyright protection on the internet. Our starting point is the gap in the pre-existing legal protection that the Sinde law aims to fill. Then, we analyse its content and its limitations. Finally, we point out the main consequences of the Sinde law in the current context. The gap between the margin of legality and what can be done with technologies is still large, in a scenario with multiple conflicting interests and parties. Thus, we argue that the reconfiguration of the copyright legal framework in the digital age in Spain is still a work in progress.

Author Notes

The authors acknowledge the financial support of the Spanish Ministry of Science and Innovation (Grant ECO2011-29558-C02-01) and the Government of Catalonia (Grant 2014-SGR-502). They also wish to thank to Ailish Maher who assisted with the English translation of this manuscript. They would like to thank the anonymous reviewers for their constructive comments. Sheila Sánchez Bergara also acknowledges the Agency for Management of University and Research Grants (AGAUR) (grant FI-DGR 2013). The authors assume full responsibility for the claims made in the manuscript.

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