Spain has legally mandated financial compensation to content owners, for online use of even snippets of content. This is an “inalienable” right and applies to every content producer, which appears to effectively void Creative Commons licenses and ‘fair use’ in Spain. Since even if you want to give something away free as Creative Commons, the law won’t allow that: you will always have the “inalienable” right to suddenly demand payment for a CC-licenced work in Spain, any time you choose. It even forbids linking to content without payment, for anything beyond a hyperlink + minimal anchor text. Given the Spanish-speaking world’s outstanding lead in publishing open access academic journals, this seems a rather perverse position for Spain to take.

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