In a country like Spain, known for its mix of cultures throughout history, it is vitally important—in order to foster interest in culture, research, and information—to have an institution whose purpose is to preserve the country’s bibliographic, audio, visual, audiovisual, and digital cultural heritage at every stage of history.
This institution is based on the legal deposit system. The legal deposit system enables the General State Administration and the Autonomous Communities to fulfill their duty to preserve and collect copies of all types of publications reproduced in any medium and intended, by any means, for distribution, public communication, rental, or sale.
In a world where technology advances day by day, it is essential to adapt to these advances as quickly as possible and not fall behind; that is why the Council of Ministers recently approved moving forward with the preliminary draft bill that amends Law 23/2011 on Legal Deposit.
This decision is based primarily on the need to adapt to the changes that have taken place in the publishing sector in recent years. That is why the new law will enable a more effective role in the preservation of national publications and will optimize the management of preservation centers by improving and refining the collection of publications, which—to better adapt to today’s world—will involve the gradual incorporation of digital media into the publishing landscape.
However, this new law also entails a series of significant changes for the Spanish audiovisual sector; specifically, the Spanish Film Archive will be recognized as a conservation center,andthe role of the producer will implicitly be given greater importance.
Regarding the importance of the producer’s role, we will see that the new law will require regulated entities applying for a legal deposit number to include not only the distributor but also the producer. Furthermore, with the passage of the new law, legal deposit will require the inclusion of original materials related to any motion picture produced by a producer who has a domicile, residence, or permanent establishment in Spanish territory.
However, we will not only discuss the legal deposit of “cinematographic films”; we will also include the concept of “other audiovisual works,” which refers to audiovisual works that are not intended solely for exhibition in movie theaters, but rather to audiovisual works that reach the public through other media.
At this time, the draft bill has been submitted for public comment, so we will still have to wait to learn about the new regulations that will apply to legal deposit in Spain.
Author: Claudia Pérez Moneu