The reform of the Intellectual Property Law to adapt it to the Internet environment announced by Minister Wert is necessary for many reasons. Fundamentally, because the Law responds to a work model (printed books, discs in physical format, etc.) and to a form of exploitation of the same that today represents a small share of the real market of works and forms of exploitation. Already in February 2010 the conclusions of the Subcommittee on Intellectual Property of the congress of the Deputies were published after hearing many subjects involved in this subject of dissemination of works on the Internet. The National Commission of the skill published almost at the same time a report prepared on its own initiative in which it criticized with great harshness the current system of management of copyright. The famous "private copying levy", introduced years ago, received a blow from the European Court of Justice. And, finally, the measures against pages that allow the downloading of files protected by intellectual property at no cost continue to generate a multitude of opinions. All this calls for a major reform.

The reform must address technical problems related to digitization, making explicit or clarifying some aspects of the current regulation: the nature of the act of "digitization" of a work must be determined; it must be made clear that making a digitized work available to any person is a prohibited act; and it should be defined and specified how the operators of network should act, especially those who know that their system of making files available is used for the illegal traffic of digitized works. Furthermore, the legal model cannot be based only on the contemplation of certain acts as prohibited, but also on making users aware of what intellectual creation entails, and creating and encouraging other systems of exploitation of economic rights as an alternative to the current one (copyleft systems, low-cost partial downloads, etc.). These systems have already been created by the market, but their existence "outside" the Law causes legal loopholes and problems of interpretation.

Secondly, the reform must address how the private copying levy is organized, and how it manages to tax only those who are going to carry out this action. There is no room for an indiscriminate levy (as the European Court had occasion to point out), nor should it be charged to the public coffers (i.e. to all Spaniards). Finally, it is also necessary to reorganize the system of collective management of intellectual property rights. The report of the National Commission of skill was very clear: it is necessary that an author is not obliged to have all his works managed by these entities (currently it is not possible to entrust only the defense of some of them), and that there is greater freedom in the creation and management of entities and a transparency of tariffs, agreements with other Spanish or foreign entities, etc.