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▪Private copy ▪Public performance ▪Anti-Piracy ▪Use of excerpts from audiovisual works ▪Management of producers’ rights granted to them by authors or artists ▪Creation of the Media Desk Spain Foundation ▪Co-operation with the Spain Film Commission and creacion of the Madrid Film Commission Foundation ▪Assessment of negatives Private copy EGEDA commenced its activities with its first income from private copies, which were received in March 1993. EGEDA has pursued a ruthless war on fraud against illegal manufacturers, importers and distributors of equipment and video tapes, which were defrauding not only the producers, artists or authors represented by the collection societies but also the legal competitors who were complying with the regulations in force. In the digital market, although there is a long way still to go, results up to now – in the form of favourable prosecutions and the discovery and pursuit of illegal activities – are very encouraging. Public performance EGEDA has two departments devoted exclusively to this legal area. Since its commencement in 1994, important negotiations have taken place, and the main fruits of these are as follows: The signing of framework agreements with all cable operators’ associations, both with Telefónica de Cable and with secondary operators, (grouped under AOC and ONO) whose coverage extends to the whole country, and who obtained their licences following the bidding processes organised by the Ministry of Development [Ministerio de Fomento], as well as the local cable operators already in existence prior to the holding of the said bidding process. Actions are still ongoing and have been stepped up in order to obtain payment from hotels. EGEDA continues to enter into agreements with hotel companies and attempts to promote global agreements with associations, which would be an economic benefit to hotels. Nevertheless, EGEDA has been forced, in a number of cases, to take several legal measures against hotel companies in order to defend its rights. Anti-Piracy EGEDA has had a dedicated anti-piracy department since 1994. The steps taken have ensured that fraudulent broadcasts of audiovisual works by local television stations and cable networks have declined to practically zero. These anti-piracy activities have also been aimed at "pirate" companies and distributors, and against places open to the public which exhibited works and audiovisual recordings without the requisite authorisations. Without wishing to neglect traditional piracy, the department has recently been making preparations to fight against audiovisual piracy carried out with new technologies (internet, DVD, etc.), and has recently scored its first successes against these new methods of committing fraud. Use of excerpts from audiovisual works Since 2001, EGEDA has managed the authorisation of the public performance of excerpts from the works or recordings of those producers who have empowered EGEDA to do so. At the same time, EGEDA assists in the supply of materials to broadcasters, advertising agencies, festivals and other interested parties, so that they may be included in their programmes. The authorisations granted by EGEDA are remunerated according to the established rates. Management of producers’ rights granted to them by authors or artists EGEDA has been responsible since 2000 for the management of the royalties belonging to audiovisual producers granted to them by authors or artists, and it has agreements with other Spanish collecting societies. The rights managed are all connected to public performance (television broadcasts, retransmissions and exhibitions), rental and private copy. Creation of the Media Desk Spain Foundation EGEDA, together with the ICAA and FAPAE, has promoted the creation of the Media Desk Spain Foundation, which has the primary objective of giving legal status in our country to the European Community MEDIA programme office, which will facilitate the performance and expansion of the assessment and support activities for the audio-visual sector which it has hitherto been providing. Co-operation with the Spain Film Commission and creacion of the Madrid Film Commission Foundation EGEDA actively co-operates with the Spain Film Commission and supports some of its main activities such as the compilation of the Guide to Spanish Production 2003 / 2004. Within this co-operation framework, EGEDA, the Spain Film Commission and FAPAE have recently set up the Madrid Film Commission Foundation, a non-profit-making organisation which has the aim, like other film commissions, of facilitating the production, co-production and filming of audio-visual products within the geographical area in which it operates, and to co-operate with other film commissions in developing and supporting Spain as a filming location. Assessment of negatives By way of the agreement signed on November 4th 2001, the ICAA acknowledged the validity and authority of the EGEDA Register of Audiovisual Works and Producers. Based on this acknowledgment, EGEDA’s aimis to persuade financial institutions to accept the works and the royalties which they generate as assets which could be used by the producers as collateral in credit transactions. In order to carry out the valuation of such works and royalties for this purpose, EGEDA has contracted the company NERA Economic Consulting which specialises in the valuation of intangible assets. |
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