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It’s just as easy to fall head-over-heels in love with Spain as it is to be stunned by some of the country’s peculiarities. The bone of contention this time is nothing to do with bullfighting, but is the so-called canon digital, a controversial tax on any media and gadgets that can be used to make copies of intellectual property. Since the 1^st of January 2008 this tax is also applicable to the purchase of new mobile phones, mp3 players and other digital hardware.

The canon digital came into being in 1987 as a way to collect money that is then used to compensate authors, editors, songwriters, musicians and so on for private copies people make of their intellectual property. This money goes to the General Society of Authors and Editors, (Sociedad General de Autores y Editores in Spanish) and other Spanish intellectual property owners’ organisations for distribution to its members.

However, this unjust tax has many vociferous opponents, which include consumer organisations and manufacturers. These are quick to point out that the tax is most because the equipment being taxed is not necessarily used to make copies of copyrighted works, but is often used by both private individuals and companies to store their own personal data. After all, why should you be taxed on the CDs you will use to save your holiday snapshots on?

While the latest revision of the law that took effect on the 1^st  Jan 2008 has actually reduced the canon digital on CDs and DVDs, this tax has started to be levied on other digital hardware. For example, there is now an applicable tax of €1.50 on mobile phones and €3.15 on MP3 players, VAT not included. That’s right! Consumers must pay VAT on their unjust tax too!

All this sounds even more bizarre in the light of the fact that just over a year ago, a Spanish judge controversially ruled that downloading music from the Internet is legal as long as you do not make money from it.

No wonder the pro-canon digital lobbyists keep pushing for the tax to be extended to ADSL connections too! Luckily for all of us, so far the title of this article which appeared in El Pais in 2005 still holds true: Hard disks and ADSL excluded from the canon digital! (article in Spanish)

While Spain’s politicians battle over this issue as the forthcoming elections approach, many consumers have decided to take action. Visit www.TodosContraElCanon.es for more information in Spanish.

A editable version of the file “Agreement English Dec 07 with Conditions.pdf” is available. It cannot be saved with the entered informations but printed very well.