Intellectual property rights management entities

What are the intellectual property rights management entities? The management entities are non-profit entities established for "the management of usage and other asset rights, on behalf of and in the interest of several authors or other holders of intellectual property rights."
These entities, which have been established in Spain as associations of holders of intellectual property rights (authors, artists, producers, etc.), must be authorised by the Ministry of Education, Culture and Sport to function as such.

How many intellectual property rights management entities are there? Currently, the Ministry of Education, Culture and Sport has authorised eight management entities, which represent the following holders of rights:
For authors: SGAE (General Society of Authors and Editors), CEDRO (Spanish Centre for Reproduction Rights), VEGAP (Visual Management Entity for the Plastic Arts), DAMA (Audio-visual Media Copyright).
For Performers: AIE (Performers Management Society of Spain), AISGE (Performers Management Society).
For Producers: AGEDI (Intellectual Rights Management Association), EGEDA (Audiovisuals Producers Rights Management Entity).

What is the purpose of the intellectual property rights management entities?The management entities are established and work to guarantee the efficient use of protected works and services in benefit of the holders and the users. For the holders, because they need to ensure the control of the use of the works both in Spain and abroad (in the latter case by virtue of the reciprocity agreements entered into with the foreign management entities); and for the users, because by turning to the management entities they ensure the peaceful use of the world repertoire represented by these entities in cases of mass consumption of works and services.

Are the intellectual property rights management entities private or public? In their organisation and functioning, the management entities, as the private entities that they are, work with complete independence and are subject only to compliance with the legal regulations, specifically those set forth in the Intellectual Property Act.

How do the intellectual property rights management entities perform their functions? To manage the rights entrusted to them by their statutes, the management entities grant non-exclusive authorisations to the users to make use of the rights of the holders who they represent in exchange for economic compensation.
The economic compensation that the users must pay to the management entities for the authorisations they receive are established by the general fees, which are not subject to prior or subsequent approval by the Ministry of Education, Culture and Sport, without prejudice to the obligation to negotiate the fees with users' associations that wish to use the rights for which management has been entrusted.
The amounts collected are paid to the legitimate holders after deducting variable percentages to cover the expenses related to providing these services.
In addition to managing rights, the entities are legally required to provide assistance, educational and promotional services to the groups of holders that they represent.

Why must I pay more than one management entity, in some cases, for the use of protected works or services (music recordings, audiovisuals, etc.)? The management entities are non-profit making entities established for "the management of usage and other asset rights, on behalf of and in the interest of several authors or other holders of intellectual property rights."
To this end, the Ministry of Education, Culture and Sport has authorised eight management entities to date:
For authors: SGAE (General Society of Authors and Editors), CEDRO (Spanish Centre for Reproduction Rights), VEGAP (Visual Management Entity for the Plastic Arts), DAMA (Audio-visual Media Copyright).
For Performers: AIE (Performers Management Society of Spain), AISGE (Performers Management Society).
For Producers: AGEDI (Intellectual Rights Management Association), EGEDA (Audiovisuals Producers Rights Management Entity).
The intellectual property rights belonging to authors, performers, phonographic or audiovisuals producers and other holders are characterised by their independence and compatibility. Compatibility means that, for a medium (CD or cassette) containing, for example, an exclusively audio recording (phonogram), the usage rights recognised by our law for the different holders coexist and converge. Thus, they include the copyright on the words and the music and the rights of the vocal or instrumental performer and the recording producer under whose initiative and responsibility the recording is made.
The variety of holders of the rights in certain usage of protected works and services (songs, films, etc.) contained on a particular medium (CD, DVD) leads to the intervention of the respective management entities that are entrusted to manage the usage rights.
In this situation, the use of a musical recording on a medium (CD or cassette), for example, as background music or to set the mood in an establishment (that is, communicating the content of the recording to the public), constitutes the use of the rights recognised by law for the different holders. Given that these holders have entrusted their management, either voluntarily or due to legal imposition, to the management entities, each of them must be contacted to request authorisation to use the rights that they manage and pay the prices established by them in their fees.
 

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