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AISGE/BUSINESS AREA/COMMUNICATION TO THE PUBLIC


Communication to the Public (Art. 20 TRLPI)

Communication to the public is defined by law as any act whereby a plurality of people may access protected works without prior distribution of copies of the same.

 

   By way of example, the following, among others, are acts of communication to the public generating the obligation to pay the rights managed by AISGE:

 

  • The public projection or exhibition of cinematographic works and the rest of audiovisual works (Art. 20.2.b)
  • The communication carried out through emission, broadcasting or wireless dissemination, via satellite, or by wire, cable, optic fibre, or any other similar means, as well as through retransmission by any of the aforementioned means, as provided in paragraphs (c), (d), (e), and (f) of section 2 of Art. 20 TRLPI
  • The emission or transmission, in a space open to the public, by any suitable means, of the broadcast work (Art. 20.2.g)
  • The making available to the public of protected works by wire or wireless means, so that any person may access them from a place and at a time chosen by them (Art. 20.2.i)

 

Remuneration Rights (Art. 108 TRLPI)

The TRLPI grants actors, dubbers, dancers, and stage directors the right to receive the corresponding remuneration for the communication to the public of their performances fixed in phonograms, works and/or audiovisual recordings.

 

Users of AISGE's Repertoire

In general, those carrying out acts of communication to the public and of making available of phonograms, audiovisual works and/or recordings incorporating performances or subject-matter comprising AISGE's repertoire, are obliged to pay the remuneration rights provided under the Intellectual Property Law.


   Among others, the following are users of AISGE’s repertoire and, therefore, must pay the rights administered by AISGE:


  • Broadcasters
  • Pay TV
  • Non-Pay and Pay Online TV 
  • Audiovisual, Audiobooks, and/or Podcasts on Demand Platforms  
  • Open Spaces
    • Movie Theatres
    • Establishments Open to the Public (hotels and other lodging establishments, hospitals, paid  residences, gyms, bars, cafeterias and restaurants, and assimilated leisure establishments)
    • Carriers (air, railway, and maritime) 

 

General Tariffs (Art. 164 TRLPI)

Art. 164 TRLPI states that Collective Management Organisations are obliged to establish general tariffs determinining the remuneration required for the use of their repertoire.

 

   AISGE’s Board is in charge of approving the general tariffs. In compliance with the obligations set out in Arts. 185 and 186, AISGE has notified its General Tariffs to the Ministry of Culture and has published them on its website.

 

Sectoral Agreements (Art. 165 TRLPI)

Art. 165 TRLPI establishes that Collective Management Organisations are required to negotiate and enter into general agreements with associations of users of their repertoire, as long as such associations request it and are representative of the corresponding sector.

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