AGEDI MEMBERS

Multilateral Agreements

AGEDI’s scope of management regarding territory is limited to the Spanish territory. However, AGEDI has signed reciprocal agreements with certain collecting societies from other countries for the exchange of producers’ rights which are not members of such society or have not entrusted a third party with the management of their rights in the relevant territory. For more information on the management of rights abroad through reciprocal agreements you can visit web page Reciprocal Agreements.

Additionally, AGEDI has signed several multilateral agreements with collecting societies around the world in response to the need to license certain activities that, as being carried out through the Internet, cannot be limited to a specific territory.

Phonograms’ producers under the shield of IFPI promoted with this purpose certain agreements aimed at facilitating the use of phonograms on the Internet in countries worldwide.

IFPI is the International Federation of the Phonographic Industry, an international association based in London among which members are major phonographic producers of the world. Over 1,400 producers are members and it has delegations in 73 different countries. Promusicae, Productores de Música de España, is the association representing IFPI in Spain.

For the grant of an international license that would cover the use of phonograms through the Internet for certain activities, the model agreed was a reciprocal agreement, signed among different phonograms’ producers rights collecting societies in a way that each one of these societies could grant licenses to Internet users of their repertoire that would cover their own territory and also that of all other signing countries according to the mandate of any of such collecting societies.

The first activity to reach a trans-border agreement for the exploitation of phonograms on the Internet was simulcasting.

Simulcasting consists on the simultaneous and unaltered transmission carried out by radio and TV broadcasting organisations through the Internet or mobile networks, of phonograms included in their free-to-air radio and TV transmissions. This is the activity carried out by, for instance, a radio station that broadcasts via radio waves and simultaneously communicate the same programming through the Internet or mobile networks.

In the end, the simulcasting multilateral agreement entered into by AGEDI allows the society to authorise the broadcasting organisations requesting so to communicate their broadcasts on the Internet simultaneously with the radio waves broadcast, in Spain and in the rest of the agreement signatory countries. The list of countries that have signed this Agreement, and where AGEDI can therefore extend its simulcasting license, are the following:

This Agreement allows to support the development of a legitimate market for simulcasting and makes more accessible to interested broadcasting organisations the possibility to get licenses that allow them to perform their activity. By virtue of this Agreement, broadcasting organisations are not obliged to sign with any of the societies of the countries where their broadcasts are available through the Internet, but they can cover all territories with a single contract. However, users can obtain, if they wish, individual licenses with each collecting society in the countries from which their Internet or mobile networks broadcasts can be accessed.

Webcasting

After verifying the good functioning of the simulcasting Agreement, IFPI, in collaboration with record companies and collecting societies, developed a reciprocal Agreement signed among phonogram producers collecting societies worldwide, by virtue of which, and similarly to that of simulcasting, a collecting society can grant webcasting licenses so that its signal is received in all territories that take part in the Agreement.

Webcasting is a service of streaming of phonograms via the Internet or mobile networks. However, AGEDI cannot manage any modality of webcasting but only those who fulfil a series of specific conditions. Thus, AGEDI can only manage the services consisting on a music radio which can only be accessed via the Internet or mobile networks, that allows to listen to songs without the possibility of downloading them and in which the user does not have the chance to decide which song they want to play nor to interact with the service beyond pausing the transmission or skipping up to six tracks in an hour.

The service must be entirely devoted to music, concert promotion or other music-related events. It cannot be devoted to the sale or advertising of any other type of products or services.

Webcasting differs from simulcasting in that webcasting broadcasts are expressly made only for the internet, while simulcasting’s are broadcasts made free-to-air and besides that broadcast is transmitted simultaneously via the Internet and/or mobile networks.

Operation conditions that must meet a broadcast organisation that wants to carry out webcasting activities are based on the conditions established by DMCA (USA Intellectual Property Law) for similar services.

From this agreement are also excluded interactive services in which the user can choose to play a specific song; authorisation for these services is given directly by record companies.

In short, webcasting which can be made through AGEDI includes those activities in which there is limited interaction by the user. The greatest interaction that AGEDI can manage consists in introducing in the service a pause button and a skip button allowing for a maximum of six skips in an hour. If the activity wished does not comply with these terms, individual licenses should be sought with companies which repertoire is intented to be used.

The collecting societies that have signed the basic Webcasting Agreement are virtually the same that subscribed the simulcasting agreement, and are currently 42. You can see here the list of collecting societies:

The collecting societies signatories of agreements for webcasting with a pause button and up to six skips per hour are the following:

Podcasting

Another multilateral agreement entered into by AGEDI in similar terms is that referred to Podcasting. The activity that is licensed through this agreement consists in offering programmes previously broadcast by broadcasting organisations, or that shall be broadcast within the following 30 days, both as download, so the user can make a copy of the program in its computer, and as streaming, to be listened to without need to download.

The countries that have signed the podcasting agreement and where, therefore, AGEDI can license this activity, are the following:

Background music for websites

By virtue of a multilateral reciprocal agreement gathering several countries, AGEDI can also license background music for websites. The use of music on websites that AGEDI has been mandated to license is also subject to restrictions, so that it cannot exceed 15 minutes, it cannot include more than one track by the same artist and there have to be at least two tracks as background music on the site.

The list of countries that have signed this Agreement together with AGEDI are the following:

Please, bear in mind that this is a summary for information, with no contractual value, and that the activities that AGEDI can license by virtue of these multilateral reciprocal agreements can meet a series of premises without which the license cannot be granted. If you wish to know in detail the terms according to which AGEDI can license such activities, you can contact us by email.

Management Fees

Management costs that AGEDI passes on to its members are calculated annually according to the budgetary projections of income and expenses estimated to be produced in the management of each type of right, and they are approved by the Board of Directors together with the annual budget.

At the end of each financial year and by means of an elaborate cost accounting system, real expenses incurred and income are determined for both the management and the activities carried out, leading to adjustment of real data according to the budgetary impact and including them in annual accounts, which are audited and further submitted for approval before the General Assembly meeting.

The average type for the management costs of the Association shall be 22.7% for 2020.

Such resulting average type for management expenses can be split, regarding the modality of rights concerned, as follows:

(*) Percentages referred to the administration fees according to budget of collection and expenses revised with the situation arising from COVID-19.

The Board of Directors has, besides, established a minimum management fee of 150€ (one hundred and fifty Euros) annually in case the amount resulting from the application of the share fee mentioned previously does not reach the relevant minimum amount, except for the first year of membership in the Association, which is covered by the 150€ fee paid when the member is admitted.

Specific Agents’ fees

The Board of Directors has established the following fees to cover the costs of management in the category of associate members (agents):

1. Annual fee: the amount varies according to the number of producers represented by each Agent, with the following brackets:

2. Management cost: producers which rights are managed by an Agent shall be applied a management deduction as is done to AGEDI member companies, but no minimum fee shall apply individually.

TRANSLATION IN PROGRESS

Internal regime Policies

Claims and complaints Rules

Distribution Rules

Electronic Voting Rules

Unclaimed Repertoire

Below is available to all producers a list of unclaimed songs or music videos which rights owner AGEDI could not identify.

In case a producer, whether a member of AGEDI or not, identifies as own any of this content, please inform AGEDI to proceed with the relevant procedure to include such repertoire into RitmoGestión and declare ownership to BDR.