Royal Legislative Decree No. 1/1996, enacting the consolidated text of the Copyright Act, April 12, 1996 (as amended by the Law No. 21/2014, November 4, 2014)

Document type
(1) implementing the InfoSoc Directive (2001/29) mandatory exception for temporary acts of reproduction which are transient or incidental, have no independent economic significance, and are an integral and essential part of a technological process whose sole purpose is to enable (a) a transmission in a network among third parties by an intermediary, or (b) a lawful use (art. 31.1);  (2) providing that copyright owners may ask for injunctions, where appropriate, against an intermediary whose services are resorted to by a third party to infringe copyright, even where the intermediary’s activity is not infringing in itself (arts. 138, 139.1.h, 141.6);  (3) creating an administrative body -- the Second Section of the Copyright Commission (CPI) -- which orders injunctions against information society services who infringe on copyright, particularly websites providing links to infringing works in a purposeful and massive way; it may require payment, advertising, and access service providers to stop providing their services to the infringer; (4) creating a compulsory levy on news aggregators (art. 32); (5) establishing inducement, contributory and vicarious liability for copyright infringements (art. 138). See also CIS Blog
Topic, claim, or defense
Document type
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Cache Provider
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Court Order