AGEDI Users

Repertoire represented by AGEDI

To know the repertoire represented by AGEDI, please check the sections on Public Communication of PhonogramsReproduction for Public Communication of Phonograms and Public Communication and Reproduction of audio visual recordings (music videos).

Public communication of phonograms

DEFINITION OF AGEDI’S REPERTOIRE REGARDING REMUNERATION FOR PUBLIC COMMUNICATION OF PHONOGRAMS RELEASED WITH COMMERCIAL PURPOSES OR THEIR REPRODUCTION, OWNED BY PHONOGRAMS’ PRODUCERS RULED BY ART. 116.2 AND 108.4 OF SPANISH IP LAW (TRLPI)

I.- General criterion.
In general terms, to the purposes of that provided for in article 116.2 of Spanish IP Law (TRLPI), AGEDI’s repertoire comprises all protected phonograms published in Spain with commercial purposes, or reproductions of such phonograms referred to in the relevant law, understood the phonograms producer as the natural person or legal entity under which initiative and responsibility is carried out for the first time any fixation exclusively of sound of a performance of a work or other sounds.
In any case, intellectual property rights of phonograms’ producers, as well as any other patrimonial goods, can be transferred, assigned or be subject to contractual licenses, as contained in art. 118 of Spanish IP Law (TRLPI).

II.- Subjective delimitation of AGEDI’s repertoire.
Subjectively, AGEDI’s repertoire comprises the phonograms from natural or legal persons included in the definition of phonograms’ producer in previous sub paragraph, which rights are protected in Spain according to the scope of application of the Spanish IP Law (TRLPI)
Therefore, AGEDI’s repertoire subjectively covers phonograms published for commercial purposes, or the reproduction of such phonograms, subject of public communication, from phonograms’ producers that are included in any of the following cases:
1) When they are Spanish citizens or companies based in Spain, and when they are citizens from another EU Member State or companies based in other EU Member States.
2)  When they are nationals from third countries and publish their phonograms in Spain for the first time or within thirty days from publishing date in other country.
3) When they are nationals from third countries protected by virtue of international Conventions and Treaties to which Spain is signatory.
4) When they are nationals from third countries, that in the absence of protection under the application of international Treaties and Conventions to which Spain is signatory, equate Spanish phonograms’ producers to their own nationals.
III.- Objective delimitation of AGEDI’s repertoire.
Objectively, AGEDI’s repertoire comprises the phonograms published for commercial purposes, or their reproductions, protected by article 201 of Spanish IP Law (TRLPI) object of any public communication act different from the making available as defined by article 116.1, first paragraph of TRLPI.
Are expressly excluded from the objective scope of AGEDI’s repertoire in the remuneration for public communication of phonograms published for commercial purposes or the reproductions of such phonograms in the terms provided by art. 116.2 and 108.4 of TRLPI:

  1. Phonograms unprotected in Spain.
  2. Phonograms which protection term would have expired according to the legislation in force in Spain at the time.

Reproduction for public communication of phonograms

AGEDI’S REPERTOIRE REGARDING REPRODUCTION FOR PUBLIC COMMUNICATION OF PHONOGRAMS
According to Art. 115 TRLPI, it is the producer of phonograms which has the exclusive right to authorise the reproduction of the phonograms following the definition provided by article 18 TRLPI.

AGEDI, by virtue of the mandate granted by its members, manages the reproduction for communication to the public right of phonograms which correspond to phonograms’ producers, which list is offered below and are exploited in Spain under the recording labels they exclusively own (originally or derivatively).

List of AGEDI members which have granted the management of reproduction of phonograms for communication to the public

Pending to insert list of producers that have authorised reproduction

LIST

Public communication and reproduction for public communication of music videos

AGEDI’S REPERTOIRE REGARDING PUBLIC COMMUNICATION AND REPRODUCTION FOR PUBLIC COMMUNICATION OF AUDIO VISUAL RECORDINGS (MUSIC VIDEOS) FROM ART. 121 AND 122 TRLPI.
Music video (or video clip) is the audio visual recording made by the fixation of images and sounds aimed at illustrating the artistic performance reproduced in a phonogram.

It is the producer of audio visual recordings which has the exclusive right of authorising their public communication and their reproduction for public communication (art. 121 and 122 TRLPI).

For all modalities of public communication except for those acknowledged in article 20.2 f) and g) of Spanish IP Law (TRLPI), that is to say, the retransmission by any means, and by an entity different from that of origin, of the broadcasted work and the emission or transmission, in premises accessible to the public, by means of any appropriate instrument, of the broadcasted work, AGEDI manages, by virtue of the mandate granted by its members, the communication to the public and the reproduction for communication to the public rights which correspond to phonograms’ producers that are also producers of music videos, which list is offered on section List of Music Video Producers of the website and are exploited in Spain under the recording labels they exclusively own (originally or derivatively).

As regards the modalities of communication to the public of music videos acknowledged in article 20.2 f) and g) of Spanish IP Law (TRLPI), and given that they are subject to compulsory collective management by virtue of article 122.3 of Spanish IP Law (TRLPI), AGEDI’s repertoire is universal.

List of AGEDI members which have granted the management of their music videos

Last update: February 2021

Base de Datos de Repertorio (BDR) de AGEDI

International ISRC Database

Agreements with users’ trade associations

In current circumstances, most sectorial agreements AGEDI had signed with trade associations repesentative of users have expired and are in a negotiating stage as a consequence of approval of new tariffs.

Large stores and other large surface premises

Collaboration agreement signed between AGEDI and AIE, collective management societies of phonogram produces and artists and performing artists, respectively, and the Spanish Association of Distributors, Stores and Supermarkets (ASEDAS).

 

Hotel establishments

Collaboration agreement signed between AGEDI and AIE, collective management societies of phonogram produces and artists and performing artists, respectively, and the Spanish Confederation of Hotels (CEHAT).

Coffee shops, pubs, restaurants and alike

Collaboration agreement signed between AGEDI and AIE, collective management societies of phonogram produces and artists and performing artists, respectively, and the Spanish Federation of Catering industries (FEHR).

Balls at weddings, christianings and other social happening receptions

Collaboration agreement signed between AGEDI and AIE, collective management societies of phonogram produces and artists and performing artists, respectively, and the Spanish Federation of Catering industries (FEHR).

Gyms, dancing schools and alike

Collaboration agreement signed between AGEDI and AIE, collective management societies of phonogram produces and artists and performing artists, respectively, and the National Federation of Sport Premises  (FNEID).

Tariffs

Catalogue of General Tariffs for Public Communication and Reproduction for Public Communication of phonograms published for commercial purposes, or their reproduction.
Catalogue of General Tariffs- Communication to the Public and Reproduction of Phonograms
General Tariffs for the Reproduction of Phonograms by music content providers for further Public Communication by third parties in publicly accessible premises, established according to article 157.1 b) of TRLPI and as set forth in Order ECD/2574/2015, of 2 December.
Justifying Economic Report- Reproduction of phonograms for service providers
Catalogue of General Tariffs- Reproduction of phonograms for service providers
General Tariff for Public Communication of Music Videos in the modality of Public Performance, established according to article 157.1.b) of TRLPI and as set forth in Order ECD/2574/2015, of 2 December.
Justifying Economic Report- Public Performance of Music Videos
Catalogue of General Tariffs- Public Performance of Music Videos
General Tariffs for the Reproduction of Music Videos by content music providers for further Public Communication by third parties in publicly accessible premises, established according to article 157.1 b) of TRLPI and as set forth in Order ECD/2574/2015, of 2 December.
Justifying Economic Report- Dubbing of Music Videos for service providers (Public Performance)
Catalogue of General Tariffs- Dubbing of Music Videos for service providers (Public Performance)
Catalogue of General Tariffs for Public Communication and Reproduction for Public Communication of Music Videos by Television Broadcasters, established according to article 157.1.b) of TRLPI and as set forth in Order ECD/2574/2015, of 2 December.
Justifying Economic Report- Public Communication and Reproduction of Music Videos (Television)
Catalogue of General Tariffs- Public Communication and Reproduction of Music Videos (Television)

Contract models

In current circumstances, the collecting society is undergoing a negociating process with trade associations of different industries, broadcasting users and other relevant users; therefore most of model contracts applicable have not yet been approved.

In some cases, there are draft contracts subject to changes, which we also make available to the public on our website.