Who is an author?
Any individual who creates a literary, artistic or scientific work.Film authors
Audio-visual work involves three kinds of author work and, therefore, the work done by the following must be registered:- The director
- The screenplay writer, author of the argument and dialogue
- The musical composer, including the lyricist of the audio-visual work
Types of author's rights
There are two types of author's rights: patrimonial rights and moral rights. Patrimonial rights are rights of copyright, distribution, public broadcasting and transformation. These rights are expressed in different modalities or frameworks of use. Moral rights are those referring to the recognition of authorship and integrity of the work created and rights that are inalienable and which cannot be waived.Transfer of author's royalties
Author's royalties must be transferred in a clear way because, in case of doubt, a restrictive interpretation is made of the transfer. It is a good idea to make it in writing, clearly stating the rights transferred, the modalities of use, the frameworks, area and duration of the transfer.The processing of author's royalties
Every time an audio-visual work is shown in a cinema or broadcast on television, it produces author's royalties. In order to earn these royalties, the author must be a member of a society of authors and register the audio-visual work, showing the percentage pertaining to each of the authors for the production of the work. The only requisite is that the work must be premiered or shown on a media that generates royalties: a movie theatre, a television channel, etc. With the work registered, the author may receive the patrimonial rights stipulated by the Law of Intellectual Property.The societies authorised by the Ministry of Education, Culture and Sport to act as collective administrators of royalties deriving from audio-visual work are SGAE and DAMA.
Sociedad General de Autores y Editores (SGAE)
General Society of Authors and Editors (SGAE)
Delegación Baleares
Sant Jaume, 7
07012 Palma de Mallorca
Tel.: (+34) 971 727 4 72
Fax: (+34) 971 727 733
E-mail: ifernandez@sgae.es
www.sgae.es
Sociedad General de Autores y Editores (SGAE)
General Society of Authors and Editors (SGAE)
Pg. de Colom, 6
08002 Barcelona
Tel.: (+34) 93 268 90 00
Fax: (+34) 93 268 90 01
Asociación de Derechos de Autor de Medios Audiovisuales (DAMA)
Audio-visual Media Authors' Rights Association (DAMA)
C/ Alcalá, 20, 2, Of. 215-217
28014 Madrid
Tel.: (+34) 91 531 49 94
Fax: (+34) 91 531 32 96
www.damautor.es
Share of author's royalties
The two author's societies (SGAE and DAMA) have prepared lists of standard percentages for the distribution of authors' royalties with respect to a particular work. However, both societies give priority to previous agreements between the authors of the work before applying these percentages, which are the following:- 25% corresponds to the direction
- 50% corresponds to the literary part (25% for the story and 25% for the screenplay)
- 25% corresponds to the musical part
Reserve clause of royalties
Processing entities recommend authors of audio-visual works to include a reserve clause of royalties in the production contract. Not reserving broadcasting rights means that there is a possibility of not receiving 100% of the income due and remaining with only a fifth part (20%) of the total.Performing rights
Performing rights -understood in the widest sense of actors and actresses, as well as the musicians who perform the score- are regulated and controlled by the legislation covering intellectual property. Moreover, the law recognises patrimonial rights, expressed in the following way:- Exclusive authorisation of direct or indirect copyright of the performances
- Exclusive authorisation of the public broadcasting of the performances
- Exclusive authorisation of the distribution of copies of the performances
Furthermore, the artist's right to receive equitable payment is recognised for the broadcasting, hiring, loan and private copying of the audio-visual work. A management body handles these rights and the corresponding payments. In the case of actors and actresses, the organisation will be the Artists and Performers Spanish Management Company (AISGE) and in the case of performers, artists and musical executants, it will be the Artists Performers or Executants organisation (AIE).
Associació d´actors i actrius professionals de les Illes Balears (AAAPIB)
(Balearic Islands Professional Actors and Actresses Association), (AAAPIB)
C/. Montenegro, 3, 1er-1ª
07001 Palma de Mallorca
Tel.: (+34) 971 714 984
Persona de contacto: Aina Cortés
info@aaapib.org
Artistas Intérpretes Sociedad de Gestión de España (AISGE)
(Artists and Performers Spanish Management Company)(AISGE)
Ámbito geográfico: Cataluña, Baleares y Aragón
Consell de Cent 433, pral. 1
08009 Barcelona
Tel.: (+ 34) 93 412 76 22
Fax: (+ 34) 93 265 35 77
aisge.barcelona@aisge.es
www.aisge.es
Artistas Intérpretes o Ejecutantes (AIE)
(Artists Performers or Executants) (AIE)
Príncipe de Vergara, 9
28001 MADRID
Tel.: (+34) 91 7819850
Fax: (+34) 91 7819550
www.aie.es
Artistas Intérpretes o Ejecutantes (AIE)
(Artists Performers or Executants) (AIE)
Pg Gràcia, 112
08008 Barcelona
Tel.: (+34) 93 292 05 55
Fax: (+34) 93 292 14 59
www.aie.es
These rights last for 50 years from the time of the performance or from when the registry of the performance is made public.
The performing artist has three other rights similar to the author's moral rights. They have the right to oppose their performance being mutilated, deformed or subject to any other act that may damage their prestige or reputation. They also have the exclusive right to authorise the dubbing of their performance in their own language, and this authorisation must be clearly stated. The artist may exercise these moral rights throughout their life and, after their death, their next of kin may exercise these same rights for 20 years.
The hiring of actors and actresses -both leading players and secondary roles in the cast- must be made through a work contract, due to alienability rights and of the relationship of dependence established between the actor and producer.
There is an agreement currently in force (dated the 4th of July 1995) that regulates the relationship between actors -but not extras- and film producers. The work of other actors is regulated by Law of special contracting of artists in public spectacles (RD 1435/1985, of the 1st of August 1985). Hiring musicians is subject to the same laws as for extras.
Producer's rights
In compliance with legislation regarding intellectual property, the audio-visual producer has the following rights:- Supposition or acquisition of intellectual property rights by the authors of the audio-visual work. These rights are for copyright, distribution and broadcasting, as well as those for dubbing or subtitling the work.
- The producer is the owner of intellectual property rights of a patrimonial nature called related or neighbouring rights. These rights are for copyright, broadcasting and distribution. Furthermore, the producer is also holder of the photographs taken during the productive process of the audio-visual registry.
- The producer has the right to an equitable payment for the broadcasting of the audio-visual work, as well as the right to payment for private copying.
The producer's rights last for 50 years from the year after the production of the audio-visual work.
Entidad de Gestión de Derechos de los Productores Audiovisuales (EGEDA)
(Entity for the Administration of Audio-visual Producers' Rights) (EGEDA)
Oficinas Centrales
Luis Buñuel, 2. 3º
Edificio EGEDA
Ciudad de la Imagen
Pozuelo de Alarcón
28223 Madrid
Tel.: (+34) 91 512 16 10
Fax: (+34) 91 512 16 19
www.egeda.es
Delegación EGEDA Barcelona
C/ Consell de Cent, 419, 2-1
08009 Barcelona
Tel.: (+34) 93 231 04 14
Fax: (+34) 93 231 33 36
www.egeda.es
