Repertoire represented by AGEDI

Public Communication of Phonograms

DEFINITION OF AGEDI’S REPERTOIRE REGARDING REMUNERATION FOR PUBLIC COMMUNICATION OF PHONOGRAMS RELEASED WITH COMMERCIAL PURPOSES OR THEIR REPRODUCTION, OWNED BY PHONOGRAMS’ PRODUCERS RULED BY ART. 116.2 AND 108.4 OF SPANISH IP LAW (TRLPI)

I.- General criterion.

In general terms, to the purposes of that provided for in article 116.2 of Spanish IP Law (TRLPI), AGEDI’s repertoire comprises all protected phonograms published in Spain with commercial purposes, or reproductions of such phonograms referred to in the relevant law, understood the phonogram producer as the natural person or legal entity under which initiative and responsibility is carried out for the first time any exclusively aural fixation of a performance of a work or other sounds. In any case, intellectual property rights of phonogram producers, as well as any other patrimonial goods, can be transferred, assigned or be subject to contractual licenses, as contained in art. 118 of Spanish IP Law (TRLPI).

II.- Subjective delimitation of AGEDI’s repertoire.

Subjectively, AGEDI’s repertoire comprises the phonograms from natural or legal persons included in the definition of phonogram producer in previous sub paragraph, which rights are protected in Spain according to the scope of application of the Spanish IP Law (TRLPI).

Therefore, AGEDI’s repertoire subjectively covers phonograms published for commercial purposes, or the reproduction of such phonograms, subject of public communication, from phonograms’ producers that are included in any of the following cases:

1) When they are Spanish citizens or companies based in Spain, and when they are citizens from another EU Member State or companies based in other EU Member States.

2) When they are nationals from third countries and publish their phonograms in Spain for the first time or within thirty days from publishing date in other country.

3) When they are nationals from third countries protected by virtue of international conventions and treaties to which Spain is signatory.

4) When they are nationals from third countries, that in the absence of protection under the application of international treaties and conventions to which Spain is signatory, equate Spanish phonograms’ producers to their own nationals.

III.- Objective delimitation of AGEDI’s repertoire.

Objectively, AGEDI’s repertoire comprises the phonograms published for commercial purposes, or their reproductions, protected by article 165 of Spanish IP Law (TRLPI) object of any public communication act different from the making available as defined by article 116.1, first paragraph of TRLPI.

Are expressly excluded from the objective scope of AGEDI’s repertoire in the remuneration for public communication of phonograms published for commercial purposes or the reproductions of such phonograms in the terms provided by art. 116.2 and 108.4 of TRLPI:

  1. Phonograms unprotected in Spain.
  2. Phonograms which protection term would have expired according to the legislation in force in Spain at the time.

Public Communication of Music Videos

AGEDI’S REPERTOIRE REGARDING PUBLIC COMMUNICATION OF AUDIO VISUAL RECORDINGS (MUSIC VIDEOS) FROM ART. 122 TRLPI.

Music video (or video clip) consists of a complex work that includes images and sound and which main purpose is the promotion and advertising of the phonogram owned by the producer.

It is the producer of audio visual recordings which has the exclusive right of authorising their public communication (art. 122 TRLPI).

In general terms, AGEDI manages the public communication that corresponds to phonogram producers which are also producers of the music videos (audio visual recordings), which list is offered on AGEDI website (Members), and that exploit in Spain the record labels they exclusively (original or derivative) own and are published on web page, section Record labels.

Reproduction for public communication

AGEDI’S REPERTOIRE REGARDING REPRODUCTION FOR PUBLIC COMMUNICATION OF PHONOGRAMS AND AUDIO VISUAL RECORDINGS (MUSIC VIDEOS)

It is the producer of phonograms and the audio visual producer which has the exclusive right to authorise the reproduction of the phonogram and/or the audio visual recording according to the definition provided by article 18 TRLPI (art. 115 and 121 Spanish IP Law).

CIn general terms, AGEDI manages the reproduction rights for public communication of phonograms and audio visual recordings (music videos) that correspond to phonogram producers, which list is offered on AGEDI website (Members), and that exploit in Spain the record labels they exclusively (original or derivative) own and are published on web page, section Record labels.