F.A.Q (Frequently asked questions)
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 program).
What is the EGEDA Register of Audiovisual Works and Recordings?
It is a register of producers and the works and recordings owned by them. Its effectiveness and reliability have been recognized by the agreement signed with the Instituto de la Cinematografía y de las Artes Audiovisuales (ICAA) at the Ministry of Culture, allowing it use of the EGEDA register for the purpose of bank guarantees.
What is the difference between a producer and a broadcaster?
The principal difference is that the producer undertakes the responsibility for the work or audiovisual recording, whereas the broadcaster transmits it. This does not mean that a broadcaster 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 collection society?
It is a body which, when legally constituted, is concerned with the management of exclusive rights or remuneration, on behalf of and for the benefit of a variety of people holding intellectual property rights. All collection societies have to be authorized and they are monitored by the public authorities.
When was EGEDA created?
On September 18th 1990, authorized by the Ministry of Culture by way of the Order dated October 29th, published in the Official Gazette, although its true management work began in 1992 with the collection of the first royalties.
What kind of rights does EGEDA manage?
Essentially, the right to royalties for private copying and certain types of public performance rights, such as retransmissions and communication in places open to the public, on behalf of the audiovisual producers. EGEDA also manages producers’ rights to royalties for copyright , as well as the broadcast of excerpts taken from audiovisual works.
What is a public performance?
A 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 performance 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.
Public performance includes, among other things, the screening or showing of films or other audiovisual works (e.g. in theatres, on public transport, etc.); the broadcasting and transmission of any work by wire, cable, fiber-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, thereby achieving a complete, simultaneous and unaltered distribution to individual or collective receivers, either via a wireless signal or via wire, cable, fiber-optics or any other similar method.
What is the right to fair compensation for private copying?
It is a concept established by the Intellectual Property Act to compensate audiovisual producers for the losses they suffer as a result of copies made of their work for private use without the possibility of prior authorization. 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 losses 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, hard discs, USB memories, and Smart phone, among others.
Who has to pay these royalties?
In principle, 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 joint-and-several liability for the distributors, both wholesale and retail, for this payment, when the obligation 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 of any nationality may be a member of EGEDA, whether 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-of-charge.
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 itemized basis specifying the rights which pertain to each work and to each use. EGEDA has made distributions from 1992 to the present day.
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.
Application of the Assistance and Promotional Fund
EGEDA maintains a fund – a minimum of 20% of monies collected – for the purpose of providing assistance to member producers and to promote audiovisual production.
What are the specific applications of the Assistance and Promotional Fund?
The activities undertaken by the Federations of Producers; the battle against piracy; appearance and participation in legal proceedings; the promotion of international relations and agreements; the monitoring of works which are broadcast abroad, on digital channels, the monitoring of box office receipts...
To support and promote the activities of film schools and film academies, including 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 computerization the files containing works and materials housed in film laboratories; sponsorship of festivals and markets or the awarding of film awards, etc
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