AGEDI MEMBERS

Reciprocal agreements

Among its collecting activities, AGEDI has been promoting the signature of RECIPROCAL AGREEMENTS with foreign Music Licensing Companies (MLC) for the exchange among different countries of rights collected owned by INDEPENDENT RECORD COMPANIES. This way, rights generated by usage in other countries by recordings which rights owners are AGEDI members, and that have been collected by MLCs in their respective territories, shall be paid to AGEDI by that MLC so that they can be distributed among AGEDI members as appropriate.

By virtue of these agreements, a Spanish independent company that is a member of AGEDI would not need to become a member with the relevant MLC of a country with which AGEDI has signed a reciprocal agreement to make their rights effective, as the monies collected in the referred country shall be settled to AGEDI for distribution among their legitimate owners.

In case that a member of AGEDI is also a member of a MLC with which AGEDI signed a reciprocal Agreement or which management of rights has been entrusted to a third party (aggregator, agent, etc.) before that MLC, AGEDI shall not collect for the use of the relevant company recordings in the country of operation of the MLC, as it shall be that territory’s MLC the one to pay directly the company, its agent or its representative aggregator to that purpose. In order to have the correct information, it is very important that AGEDI members inform about the countries where they do not wish AGEDI to act on their behalf.

Similarly, rights generated in Spain for the usage of recordings from phonograms’ producers of other countries and that are not members of AGEDI shall be distributed to their legitimate owners through the relevant MLC.

Up to date, AGEDI has signed reciprocal agreements with the following MLCs:

AGEDI is currently in conversations with its counterparts in other countries such as Argentina, Belgium, Greece, Germany, India, Mexico and Panama, with the aim of signing as many reciprocal agreements as possible that allow the management of rights in the greatest number of foreign countries, if that is the wish of AGEDI members. In general terms, AGEDI manages the rights of its member companies in all those countries with which an agreement has been reached for reciprocal payments, unless the member company wishes to exclude any country, which shall be informed to AGEDI by means of an email message to miembros@agedi.es.

In the case of member associates (agents and other MLCs), on a general basis AGEDI manages the rights of their represented producers only in Spain, unless otherwise expressly informed to AGEDI in the sense of their wish to manage their rights in other countries whereby a reciprocal agreement has been signed.

These agreements establish the exchange of details of managed repertoire on a track by track basis, for which AGEDI has the information of its members’s repertoire in the Repertoire Database BDR. Likewise, AGEDI shall incorporate repertoire from each reciprocal Agreement signing MLC on a track by track basis.

The agreements also establish that the exchange of information regarding repertoire is made in DDEX format (Digital Data Exchange), that provides an effective standard for data processing in the digital environment, in relation with both the content itself and their associated rights. DDEX is the standard used by all actors involved in the recording industry (recording companies, content aggregators, content traders and rights collecting societies), thus its relevance.

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:

Argentina Australia Austria Belgium Bulgaria
Costa Rica Czech Republic Denmark Dominican Republic Ecuador
Estonia Finland Germany Greece Guatemala
Hong Kong Hungary Iceland Ireland Israel
Italy Jamaica Latvia Lithuania Malaysia
Mexico Netherlands New Zealand Norway Panama
Paraguay Peru Poland Portugal Singapore
Slovenia Spain Sweden Switzerland Taiwan
Thailand United Kingdom Uruguay

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:

Argentina Australia Austria Belgium Bulgaria
Costa Rica Czech Republic Dominican Republic Ecuador Estonia
Finland France Germany Greece Guatemala
Hong Kong Hungary Iceland Ireland Israel
Italy Jamaica Latvia Lithuania Malaysia
Mexico Netherlands New Zealand Norway Panama
Paraguay Peru Poland Portugal Singapore
Slovenia Spain Sweden Switzerland Thailand
United Kingdom Uruguay

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

Australia Austria Belgium Estonia Finland
France Hong Kong Hungary Ireland Israel
Italy Latvia Lithuania Malaysia Netherlands
New Zealand Poland Spain Sweden United Kingdom

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:

Australia Phonographic Performance Company of Australia Ltd
Austria LSG
Belgium SIMIM
Czech Republic INTERGRAM
Estonia EFÜ
Finland GRAMEX (Finland)
France SCPP
Germany GVL
Hong Kong PPSEAL
Hungary MAHASZ
Ireland PPI
Israel IFPI Israel
Italy SCF
Latvia LaiPA
Lithuania AGATA
Malaysia PPM
Netherlands SENA
Poland ZPAV
Spain AGEDI
Sweden IFPI Sweden
United Kingdom PPL

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:

Austria LSG
Belgium SIMIM
Bulgaria PROPHON
Czech Republic INTERGRAM
Denmark GRAMEX (Denmark)
Estonia EFÜ
Finland GRAMEX (Finland)
Germany GVL
Greece GRAMMO
Hungary MAHASZ
Ireland PPI
Italy SCF
Latvia LaiPA
Lithuania AGATA
Netherlands SENA
Norway IFPI Norway and GRAMO
Poland ZPAV
Portugal AUDIOGEST
Romania UPFR
Slovakia SLOVGRAM
Spain AGEDI
Sweden IFPI Sweden
United Kingdom PPL

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:

AUDIO

Radio Broadcasting (audio)

Public Performance (audio)

VIDEO

PRIVATE COPYING

(*) 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:

Number of represented producers
(on 31st December each year)
Fee
Up to 20 150.00€
From 21 to 50 200.00€
From 51 to 100
250.00€
From 101 to 200
300.00€
Over 200 400.00€

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.

For your convenience only, we offer a translation into English of AGEDI's Management Mandate. Please, note that the only valid version is the Spanish version.


Mandate AGEDI-MEMBER COMPANIES

MEMBER ASSOCIATES (AGENTS)


Mandate AGEDI-AGENTS

Schedule to mandate AGENTS-REPRESENTED PRODUCERS

TRANSLATION IN PROGRESS

List of Member Companies

Today, AGEDI has 434 member companies.

List of member associates (Agents)

Today, AGEDI has 25 member associates (agents).

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.