Abstract

The current reform of Spain’s copyright law incorporates a new levy on universities that is related to open access to publications. It will be collected by the Spanish agency Cedro (Centro Español de Derechos Reprográficos ) and the virtual campuses of universities will be required to comply. We analyze a regulatory precedent in Spain for this legal reform, which levied a tax on potential private photocopying (for personal or “fair” use). This precedent has common features with the current reform: the levy on private copying was an appropriation of public access to print information, while the levy on universities implies the appropriation of the digital commons.