1. 1 Problems of PLR in Spain Magdalena Vinent Chief Executive of CEDRO President of IFRRO 6 April 2011

2. 2 1.Background 2.Current Legislation 3.Collection development 4.Facts 5.Comparing Spain with other EU countries 6.Challenges 7.Conclusion Summary

3. 1.Background 1994: Implementation of Directive 92/100/CE, 19 Nov. 1992, regarding PLR Consequence: All libraries were exempted from payment 2006: Ruling of the European Court of Justice Inaccurate implementation of the PLR Directive to Spanish legal regulations (Art. 37.2 IPL). 3

4. 4 2. Current legislation 2007: Law for Reading, Books and Libraries (10/2007, 22 June) −An additional disposition modifies IPL: specifically the exclusive right of distribution Lending right −Libraries are entitled to lend books without having to request authorization −All educational libraries are exempted from paying −Certain libraries must compensate authors for book lending

5. 5 2. Current legislation Subject to payment: −Public libraries in municipalities of over 5,000 inhabitants. −Debtors: city councils or governments to which the libraries belong to. Provisional fee: 0.20 € per each work bought by libraries for lending Compulsory collective management

6. 6 2007: Ministry of Culture paid 1,32 million euros, on behalf of all Spanish public libraries. 2008: −Ministry paid only for 60 State libraries −Only 4 regions paid (out of 17) 2009: −Ministry paid. Also 2 regions. 2010: CEDRO sent out letters to the municipalities of over 100,000 inhabitants. Negative response: 3. Collection development

7. 7 E.g. City council in Salamanca in disagreement and complains on local press.

8. 8 3. Collection development 20071,320,776 € 2008216,223 € 2009131,599 € 201079,440 €

9. 9 4. Facts Potential collection in public libraries…………………..……927,612 € Actual collection…………………..….……………………..…..79,440 € Loans made by Spanish public libraries…….…..………46,139,425 €

10. 5. Comparing Spain with other EU countries Europe: the a verage collection per inhabitant is 0.91 € Lowest proportion of PLR collection (not including Spain), is in Slovakia: 0.03 € / inhabitant Proportion in Spain, based on 2009 PLR collection: 0.0031 € / inhabitant Proportion in Spain, based on potential collection: 0.023 € / inhabitant Other European countries: − Germany: 0,28 € / inhabitant − France: 0,38 € / inhabitant − Netherlands: 0,98 € / inhabitant − Belgium: 0,18 € / inhabitant 10

11. 11 6. Challenges 1.Compensation amount: 0.20 € for each work purchased by libraries, for lending 2.Debtors: city councils or governments to which the libraries belong to. In Spain there are 1,260 that classify.

12. 12 7. Conclusion The proportion between potential collection and the country’s population, places Spain in the lowest position among other EU countries. Spain’s position is significantly lower than other countries with a similar GDB, in some cases even a 30%. New regulation, probably during 2011.

13. Thank you CENTRO ESPAÑOL DE DERECHOS REPROGRÁFICOS Follow us: www.cedro.org www.cedro.org blog.cedro.org blog.cedro.org twitter.com/cedroenlinea twitter.com/cedroenlinea Contact: mvinent@cedro.org mvinent@cedro.org http://es.linkedin.com/in/mvinent http://es.linkedin.com/in/mvinent