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Assistant Manager: Octavio Dapena 1. Retransmission (art. 20.2 f. "TRLPI")
2. Public Performance in Public Places (Article 20.2 g "TRLPI") 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 – Collected 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 dissemination 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. 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 the 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 subsequent distribution to third parties, on the part of a different entity from that of the origin of the broadcast. Basically, these are local television stations by wave, by the various cable networks, or by hotels, hospitals and other users. Thus, they fit within each of these concepts as follows: A. Retransmissions of audio-visual works and recordings contained in the various television signals broadcast by way of land-line or by satellite through local television stations which broadcast, in turn, by waves. B. Retransmissions by way of cable networks which distribute the signal of their content to homes, spaces open to the public, etc. C. Retransmissions of audio-visual works and recordings contained in the various signals broadcast by land-line or by satellite to the rooms of hotels, hospitals, etc. EGEDA, as an organisation which represents the rights of audio-visual producers in their totality, has the obligation to process these rights by granting the required authorisations in order to be able to carry out the act of retransmission. EGEDA also has the obligation to set rates for the use of its repertoire and to sign contracts with user associations which request them and which are representative of a particular sector. In order to carry out this work, EGEDA has a complete and up-to-date census of local television stations by both wave and cable, and also of lodging establishments. The individual stations and establishments have been sent various information bulletins, which have resulted in the signing of numerous contracts with retransmission entities. Between 1998 and 2001 authorisation contracts for all cable operators were made, due for renewal in 2004. In previous years, agreements were signed with the main small cable operator associations, such as ESPACABLE, AESDICA, ACUTEL and ACAMUR. Contracts were also signed with numerous independent operators, and it can be said that, at the present time, this activity os practically monitored in its entirety. Appropriate measures are taken such that the few companies which haven’t signed on to-date will do so. As for the large operators or licensees, authorisation contracts have been signed with all of them. This has been done with the primary operator, Telefónica de Cable, and with all of the secondary operators, including ONO-Cableuropa, Auna Telecomunicaciones (Madritel, Supercable Andalucia, Aragón de Cable, Cabletelca –Canarias–, Menta –Cataluña–, Med Telecom –Levante–) and A.O.C. - "Cable Operators Group" [Agrupación Operadores de Cable] - (Euskaltel, Telecable Asturias, R. Galicia, R. Coruña and Tenaria). 2. Public Performance in Public Places (Article 20.2 g "TRLPI") Such communication is understood to be that in which audio-visual recordings are broadcast or transmitted in establishments open to the public, with or without paying admission or other payment in-kind. Included in this area are those cases in which the dissemination of the works by whichever systems takes place in spaces open to the public and in which the main objective of their business is not the exhibition of said works, such as bars, restaurants and cafeterias, for example. In recent years, there has been an increase in awareness activities with the sector and negotiations with the restauranteurs’ associations. As a result of this activity, a signing with the "Spanish Federation of Lodgers and Restauranteurs" (Federación Española de Hostelería y Restauración) (FEHR) took place in order to complete a framework agreement with all users. If you would like further information about our department or about any of our activities, or would simply like to give your opinion, you can do so by contacting the Public Performance Department (Cable Networks). |
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Cable, Hertzian Wave and Digital TV
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