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  ▪What is a producer? ▪What is the difference between an audiovisual work and recording? ▪What is the EGEDA Register of Audiovisual Works and Recordings? ▪What is the difference between producer and broadcasting body? ▪What is a collecting society? ▪When was EGEDA created? ▪What kind of rights does EGEDA manage? ▪What is a public performance? ▪What is retransmission? ▪What is the right to remuneration for private copies? ▪Who has to pay these royalties? ▪Who can be a member of EGEDA? ▪Distribution of royalties ▪What is the Anti-Piracy Department? ▪International relations ▪EGEDA in Latin America ▪Application of the Assistance and Promotional Fund ▪What are the specific applications of the Assistance Fund? ▪What are the specific applications of the Promotional Fund? What is a producer? A producer is someone – either a private individual or a corporate body – who takes the initiative and bears the responsibility for making an audiovisual work or recording. Therefore, a producer does not merely finance a project, although this is crucial, but also contributes a certain amount of creative input and technical know-how. EGEDA represents practically all national and foreign producers, either directly or through representation agreements with the counterpart collecting societies in other countries. The television companies themselves are members of EGEDA in their capacity as producers. What is the difference between an audiovisual work and recording? An audiovisual work is an original creation expressed through images: therefore, it includes a series of inputs from the "author". An audiovisual recording is where a collection of images is fixed on a plane or sequence, which may or may not constitute a work. All audiovisual works are recordings, but not all recordings are works (for example, a sports programme). What is the EGEDA Register of Audiovisual Works and Recordings? It is a register of producers and the works and recordings owned by them, and it contains over one hundred thousand programmes. Its effectiveness and reliability have been recognised by the agreement signed with the Instituto de la Cinematografía y de las Artes Audiovisuales (ICAA) at the Ministry of Education, Culture and Sport, allowing it use of the EGEDA register for the purpose of bank guarantees. What is the difference between producer and broadcasting body? The principal difference is that the producer undertakes the responsibility for the work or audiovisual recording, whereas the broadcasting body transmits it. This does not mean that a broadcasting body cannot act as a producer, which indeed it often does (e.g. a television series produced by a particular channel, or a variety show). What is a collecting society? It is a body which, when legally constituted, is concerned with the management of ownership rights over use or remuneration, on behalf of and for the benefit of a variety of people holding intellectual property rights. All collecting societies in Spain, although of a private judicial nature, have to be authorised and they are monitored by the public authorities. When was EGEDA created? On September 18th 1990, authorised by the Ministry by way of the Order dated October 29th, published in the Official Gazette, although its true management work began in 1993 with the collection of the first royalties. What kind of rights does EGEDA manage? Fundamentally, the right to royalties for private copies and certain types of public performance rights, such as retransmissions and communications in places open to the public, on behalf of the audiovisual producers. EGEDA also manages the producers’ rights to royalties on copyright and for performing artists (public communication, private copies and rentals), as well as the broadcast of excerpts taken from audiovisual works. What is a public performance? "Public performance means any act whereby more than one person may have access to the work without the prior distribution of an individual copy to each person. A communication shall not be considered public when it takes place in a purely domestic setting which is not a part of or connected to a transmission network of any kind." (Art. 20 of the Intellectual Property Act (as amended).) Public performance includes, amongst other things, the screening or showing of films or other audiovisual works (e.g. at the cinema, on public transport, etc.); the broadcasting and transmission of any work by wire, cable, fibre-optics or other similar method (e.g. broadcasts by local television stations, via cable, via satellite, public performance in bars, hotels, etc.). What is retransmission? It is the capture of audiovisual works and recordings broadcast or transmitted by third-party broadcasters or transmitters, thereby achieving a complete, simultaneous and unaltered distribution to individual or collective receivers, either via a wireless signal or via wire, cable, fibre-optics or other similar method. What is the right to remuneration for private copies? It is a concept created by the Intellectual Property Act to compensate audiovisual producers for the loss they suffer as a result of copies made of their work for private use without the possibility of prior authorisation. It is the right to a royalty in compensation for audiovisual works copied in the home. These royalties provide compensation, although very limited, for the loss the producer incurs when his work is copied privately, arising from the non-receipt of the income he would have received through, for example, the rental or sale of the work. The royalties apply both to traditional analogue formats (tapes and VHS equipment) and to new formats such as CD-DVD, amongst others. Who has to pay these royalties? Initially they are payable by the manufacturers and importers of recording equipment, devices and formats, both analogue and digital, which permit recording for private use. There is a joint and several liability resting with the distributors, both wholesale and retail, for this payment, when the duty to pass this cost on separately in their invoices is not complied with or when it is not satisfactorily paid. Who can be a member of EGEDA? The producer of an audiovisual work or recording may be a member of EGEDA, whether Spanish or foreign, a private individual or a corporate body, an original owner or a person entitled by virtue of some of the rights that are managed, represented or defended by EGEDA. Joining and remaining a member of EGEDA is free. Distribution of royalties EGEDA distributes royalties collected according to how the repertoire has been used and pursuant to a system that excludes all arbitrariness. Royalties collected are distributed according to three basic criteria: showings, audience and recording. All amounts are issued on an itemised basis specifying the rights which pertain to each work and to each act of utilisation. EGEDA has made distributions from 1992 to the present day, and makes payments three times a year. EGEDA lists all works that have generated royalties in the private part of its website, which is accessible by way of a password which is supplied by EGEDA. What is the Anti-Piracy Department? Express authority from the producer is compulsory for the copying, distribution or public performance of any audiovisual work or recording via any method of transmission, such as if the work is going to be broadcast or retransmitted on television. Breach of this requirement constitutes fraud, better known as piracy. In order to intensify the pursuit of piracy and audiovisual fraud, EGEDA has created its own Department, which has obtained notable successes. International relations EGEDA has a relationship with various foreign associations and collecting societies with the aim of ensuring the management of royalties due to Spanish producers in other countries, as well as defending and promoting Spanish and European audiovisual production. EGEDA is a member of the International Federation of Management Bodies, known as EUROCOPYA, as well as of AGICOA. EGEDA in Latin America EGEDA has important links with the producers associations in the different Latin American countries, and has already set up collecting societies, specifically EGEDA Ecuador and EGEDA Peru for the joint administration of producers’ intellectual property rights in those countries. Societies in Chile, Uruguay, Mexico and other countries are on the verge of being set up. Application of the Assistance and Promotional Fund EGEDA is obliged to maintain a fund – a minimum of 20% of monies collected – for the purpose of providing assistance to member producers, and to promote audiovisual production, and is required to submit a report to the Ministry of Education, Culture and Sport on the use of the said fund. What are the specific applications of the Assistance Fund? The activities undertaken by the Federación de Asociaciones de Productores Audiovisuales Españoles (FAPAE) (these are also included within the Promotional Fund); the battle against piracy; appearance and participation in legal proceedings; the promotion of international relations and agreements; the monitoring of Spanish works which are broadcast abroad, on digital channels, the monitoring of box office receipts... What are the specific applications of the Promotional Fund? To back and promote of the activities of Film Schools (ECAM and ESCAC) of the Spanish Film Academy and the European Film Academy; to publish articles and reports on the market sector, to promote awareness courses regarding intellectual property rights; to participate in cataloguing and computerising the files containing works and materials held in Spanish film laboratories; sponsorship of festivals and markets such as the San Sebastian International Film Festival or the Latino Film Festival in Los Angeles, or the awarding of the José María Forqué Prize... We would be delighted to provide more information on who EGEDA is and what it does. |
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