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  Assistant Manager: Octavio Dapena ▪Census ▪Information and Contacts with the Sector ▪Departmental Structure and Activity ▪Private Copy ▪Anti-Piracy Handbook ▪Police and Judicial Actions ▪Anti-Piracy Round-Table Objetives The activity of the Anti-Piracy Department is essentially focused on carrying out a thorough monitoring and control of audio-visual fraud. Given that this activity is vital for the protection of the rights which EGEDA represents, special efforts have been made to control the unauthorised broadcast and retransmission of audio-visual works and recordings since the Department was set up in March, 1994. Basically, it is undertaken when it originates from local broadcast wave and cable TV stations. The case of hotels and similar establishments is different; usually it is only a case of the activity of unauthorised retransmission from the various receiving channels, by land-line or satellite dishes. Without ignoring traditional piracy, the Department has lately been preparing to fight against new kinds of audio-visual piracy –those which use new technology such as Internet, DVD, etc.– and the Department has been having significant success against these new types of fraud. On the other hand, to confront the common practice of many local governments, above all in northern Spain, to have public showings of video or DVD without having requested the necessary prior authorisation, the Anti-Piracy Department has launched an awareness campaign against this type of activity. This activity has become a significant source of damages to production, distribution and exhibition companies. Census To control fraud committed by the unauthorised broadcast or retransmission of audio-visual works and recordings, EGEDA created a detailed census which lists all TV broadcasters in Spain, both by hertzian wave and cable, a census which is updated periodically. With regard to cable TV stations, following the adjudication of concessions for this type of broadcast and the resulting boom of cable in Spain’s major cities, it has been demonstrated that a number of long-standing operators chose to close, although it’s true that the majority have continued their activity in less doubtful circumstances with regard to administrative authorisations.
Information and Contacts in the Sector All local television stations in Spain, whether they be broadcast by hertzian wave or cable, were advised, via numerous information bulletins, of the need to get authorisation necessary for the broadcast and/or retransmission of audio-visual works and recordings which are included in their programming. This warning of the obligation to request this authorisation from EGEDA was later reiterated. In cases where this warning was not heeded, charges were filed in the civil courts. EGEDA does a continuous tracking of the various programming grids and the Anti-Piracy Department sends out appropriate warnings when unauthorised broadcasts are detected. Likewise, contacts have been set up with the various professional associations in the sector existing in Spain, both on a regional and national level, and in cable as well as hertzian wave categories. They have been widely informed in detail about the broadcasting and retransmission of audio-visual works and recordings on the part of their members, and about the steps to follow in order to avoid committing crimes against intellectual property legislation. Departmental Structure and Activity The structure necessary to carry out the activities of the Department consists of a manager, a person-in-charge, an assistant and the network of EGEDA branches, in Barcelona, San Sebastian, Seville, Santiago de Compostela, Las Palmas de Gran Canaria and Valencia. The branch offices prepare the necessary information and conduct the investigations and evidence gathering which support the claims of EGEDA and, when necessary, the filing of charges with the relevant judicial authorities. Collaboration with the "Federation for the Protection of Audio-visual Works" (FAP, la Federación para la Protección de la Obra Audiovisual), along with other rights collection associations, not only continues, but, rather, is growing stronger day by day as has the common goal of pursuing audio-visual piracy. This agreement translates into continual mutual support in the tasks of investigating and pursuing defrauders and the joint filing of relevant charges, in order to obtain the best results. The outcome of this effort is reflected in the number of raids conducted – over 550 to date. As a result of the charges filed, corresponding search warrants are obtained from the judge in authority and searches are carried out by police forces, concluding with the de-commissioning of the equipment used for the illegal broadcast or retransmission of audio-visual works and recordings, the sealing off of the premises and even, in some cases the closing down of the broadcaster. Often, an abundance of video-graphic and digital format audio-visual material and documentary evidence of the offences committed are seized at the same time. The average programming of cable TV stations subject to raids is normally made up of 20 to 25 channels, which allow the retransmission of practically all of the programming offered by satellite channels and may reserve one or two channels for broadcasting the most current films without the required authorisation of the rights-holders. In any case, the broadcast of seven films daily by each of these two channels has been demonstrated. In the case of hertzian wave television, retransmission is also offered by satellite channels, which are usually used to hold the signal during the hours in which its own programming is unable to do so, in order to place advertising which would be difficult to take on otherwise and to broadcast normally one or two films per day. Private Copy Since the end of 1995, and in the face of the magnitude of fraud in this area, a decision was made to act against the biggest fraud offenders. To do that, an in-depth investigation of the activities conducted by companies in this sector was carried out. A significant reduction in this kind of fraud has been achieved in recent years. Through third-parties, the processing of numerous charges filed by EGEDA continues at present against companies which sell video tapes, CDs and DVDs, eluding payment of the compensatory remuneration for private copy. In the same way, the activity of the Anti-Piracy Department in this field continues against all those who, in violation of the law in force, harm not only to our members, but also the companies which comply with that which is stipulated in the Law. In reality, when the Anti-Piracy Department was established in 1994, in what are known as analogue formats, the amount of fraud was greater than 70%. Today, thanks to the actions which have been carried out, this statistic is hardly 5%. All of the big distribution chains sell video tapes legally. Only a few marginal hide-outs for piracy remain and these are being investigated in order to completely eradicate this kind of fraud, although there still are major fraud offenders in the digital format arena. Anti-Piracy Handbook The Council of Europe issued an Anti-Piracy Handbook, published in Spain by EGEDA, with the intention that law courts, magistrates, judges, lawyers and prosecutors, State police forces/units and all the people and institutions related to the audio-visual sector have fundamental information concerning a subject of such vital importance. On the level of the EU, there is an ongoing consensus to continue the fight against piracy of intellectual property, with the goal that the governments of Member States incorporate the guidelines into their legislation stipulated in Recommendation R (95) I of the Council of Ministers of the Council of Europe of 11 January 1995. Police and Judicial Actions
Anti-Piracy Round-Table Housed in the Ministry of Culture, the Anti-Piracy Commission on Goods, Rights, Cultural Products and Entertainment was set up, on which EGEDA takes part. Given the enormous threat posed by fraudulent commercial activity, including the concept of “piracy”, to the creative community, damaging economic conditions in the culture and leisure sectors (one of Spain’s leading sources of income) by leaps and bounds, the Anti-Piracy Commission has decided to combine forces in order to achieve: The mobilisation of all sectors of society against this illegal activity, changing public opinion with regard to the grave dangers posed by whoever commits it The implementation of flexible and efficient procedures to achieve respect for intellectual property rights and to fight and eliminate piracy. In order to do that, through the creation of an ad-hoc work group, the Commission seeks to: Encourage the development of legislation suitable for the protection of creators’ rights, on both national and regional levels.
Through specific studies, the work group will evaluate the economic, employment, social and economic damages, with special attention to the negative impact on various different sectors and on the loss of opportunities for new creators. If you would like more information about our department or about any of our activities or simply wish to express your opinion about them, you can do so by contacting the Anti-Piracy Department. |
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