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Manager: Jaime Canela Introduction Public performance is one of the main uses of audio-visual works and is one of the exploitation rights recognised as such in Article 17 of the Intellectual Property Law – Adapted Text ("TRLPI"). In accordance with Article 20.1 of the "TRLPI", public performance is "any act in which numerous persons can have access to a work without prior distribution of copies to each one of them". "Communication shall not be considered public when it takes place within a strictly domestic environment, which is not integrated in or connected to a diffusion network of any kind". This is the definition contained in the legal text in force, a definition which includes the different kinds of acts of public performance possible, which are listed below as headings only, not limitations. Thus, the acts of public performance are: 1. The public projection or exhibition of works in commercial cinemas.
2. The broadcast of works by television. 3. Transmission (or broadcast by wire, cable, fibre optics or any other analogue process). 4. Cable or digital transmission. 5. Broadcast or transmission of the work in places accessible by the public. 6. Public access to computer data bases by means of telecommunication, when these incorporate or are composed of protected works. 7. Making available to the public. In the traditional exploitation of audio-visual, and particularly cinematographic, works, authorisations for the various acts of public performance are given by the audio-visual producer, if certain acts, because of their large-scale nature and difficulty to monitor individually, are managed and administered in a collective manner. This is basically the case with retransmission (4) and public performance in public places (5). 1. Retransmission (Art. 20.2 f. "TRLPI") Retransmission is an act of public performance which consists of the reception of programmes transmitted by the various television signals, broadcast by hertzian waves or with the support of a communications satellite, for later distribution to third parties, from an entity different from that of origin, basically by local televisions by wave, by the different cable networks or also by hotels, hospitals and other users. Thus, it fits into one of the following categories: A. Retransmissions of audio-visual works and recordings contained in the various signals emitted by landlines or by satellite through local television stations which broadcast, in turn, by waves.
B. Retransmissions via cable networks which distribute the signal and its contents to homes, places open to the public, etc. C. Retransmissions of audio-visual recordings contained in the various signals emitted by landline or by satellite to the rooms of hotels, hospitals, etc.EGEDA, as an association which represents the rights of the totality of audio-visual producers, has the obligation to put these rights into effect through the granting of the obligatory authorisations required in order to be able to carry out the act of retransmission. The association is has the obligation to establish rates for the use of its repertoire and to make contracts with user associations that request them and which are representatives of a particular sector. In order to carry out these tasks, EGEDA uses a complete and up-to-date census of establishments offering accommodation, to which various news bulletins are sent, which have resulted in the signing of numerous contracts with retransmission broadcasters. In 2004, a framework agreement was signed with FEHR (pdf document) (document in Spanish) which groups together more than 130,000 establishments. For more details about the long negotiation process with this sector, you can consult section 4.2.3 of the EGEDA Annual Report, which is presented in its entirety in this web site. If you would like further information about our department or about any of its activities or if you simply wish to give your opinion, you can do so by contacting the Public Performance Department (Hotels). |
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