Collective rights
DAMA is dedicated on protecting and promoting authors' rights by encouraging the establishment of collective licensing schemes.
All members of DAMA sign a mandate which authorises DAMA to license and collect royalties on their behalf.
Each Member grants DAMA the authority to exercise rights on their behalf as part of schemes for the collective administration of royalties in Spain and internationally. This does not involve a formal transfer of the copyright in the works; the Society is simply appointed to administer the rights in situations where collective administration is the most appropriate option i.e., where the fees cannot practically be obtained through any other means.
This authority entitles DAMA in agreed circumstances to permit or forbid the exercise of the rights, grant licences, collect fees for use and damages for misuse and take action to defend and protect the rights.
TV BROADCAST AND RETRANSMISSION RIGHTS
DAMA manages the rights of Television Broadcasting: Terrestrial, Satellite, Cable and DSL diffusion for a direct price per minute for each effective use made of a work from our repertoire entrusted. This price is determinate by the cover broadcasting and TV schedule.
It had been signed contracts with the most important national and local television operators in order to collect for this right.
DAMA also has agreements with the internet broadcaster operators (DSL) that broadcast TV on Internet.
We enquire to the media broadcasters for a detailed info of their transmission, so we can bill the following information:
- Title broadcasted.
- Chapter (in case of a series)
- Date and hour Broadcasted.
- Authorship: names, percentage, percentage contribution and profession (director, writer, etc)
- Length (minutes)
- Tariff according the schedule
- Total amount billed for each author participant in the work broadcasted
The amount of revenues generated in the previous quarter of the following year is directly paid to authors of those works broadcasted, adding in the payment sheet the information above described.
CINEMA
By the Spanish law, Theatres Exhibitors remit to the Spanish Film Agency (depending of the Ministry of Culture) details about weekly ticket sales. Once this information is processed, the Agency forward the corresponding data files which provide to CMOs the necessary box office information to claim and collect for repertories commended.
Currently, the collective licensing scheme established by both author's societies settled in Spain result 2% of ticket office (VAT excluded); nevertheless the agreement signed with most representative Theatres Exhibitors Associations consider several categories of discounts for Theatres.
In the last five years, DAMA has developed an adequate data base and administration procedures to manage fast and efficiently this all over the country.
BLANK TAPE REMUNERATION
It is the right to claim a remuneration for private copying which is charged for manufacturing or importing recordable audio-visual carriers and or recorders.
Private copying royalties are collected and paid to CMOs by the manufacturers and importers of blank media. Liability to pay a private copying royalty is triggered by first sale in Spain. This sale will be made by the manufacturer when the media has been manufactured in Spain and otherwise by the importer. This is why responsibility for collection and payment of royalties rests with manufacturers and importers.
The process by which private copying tariffs are decided is set down in Intellectual Property Act.
Because technologies come and go and the value of private copying can change over time, this Act does not fix the types of media to which a royalty for private copying should attach or the amount of any royalties. Rather, it sets up a framework that allows for periodic review. Under the Act, responsibility for deciding these matters and others necessary for the proper day-to-day administration of the private copying regime rests with Spain's Copyright Board, an economic regulatory body that specializes in copyright matters
The Copyright Board is composed by CMOs and most representative importers and manufacturers associations. The Copyright Board's decisions are referred to as private copying tariffs.
If this Board doesn't get hold of agreement in the stipulated period of time by the Act, a Government Commission will fix the royalties types for the following period of time.
Intellectual Property Act also set up how private copying is collected establishing the time frames for reporting and payment.
Royalty collection and distribution are other important matters addressed in Act. Both activities are the responsibility of CMOs. In the case of DAMA, the amount collected in a determinate quarter of year is directly distributed between those author members whose works have been recorded in that quarter.
BROADCASTING AND COMMUNICATION IN PUBLIC PLACES
This is the right to perform publicly a broadcast or recorder of a work by means of screens or similar technical devices to a group of spectators in their presence.
The terms for the right to equitable remuneration to authors for the communication to the public of their works has been provided for a mandatory collective management by the Intellectual Property Act.
The collective licensing scheme established by DAMA to protect and promote this right considers the effective use of the repertoire assigned.
The payment rest in exhibitors (e.g., hotels, bars, aircrafts, etc.) which include among their services the performance of audiovisual works in any method, be it video, television or any other.
DAMA collects these economical rights by signed agreements with companies such as transportation companies, hotels associations, etc.
RENTAL AND LENDING OF VIDEOGRAMS
It is the right to rent or lend the original or a copy of a work to the public: videos, DVDs, Blu ray, UMD, etc.
Unfortunately, the raise of piracy has reduced considerably this sector incomes doing that hundred of video rental stores have disappeared along the last years.
The licensing tariffs scheme settled by DAMA for an equitable remuneration for rental and lending devices a tariff which protects and satisfies the economical interest of authors and rental business.
Also DAMA negotiates with some of the most representative video rental associations in order to find an agreement according an effective use for rented video copies of its works repertoire.
VIDEO ON DEMAND
It is the right to make a work available to the public in such a way that members of the public may access these works from a place at a time individually chosen by them.
This right was incorporated to Copyright Act in 2006. Since then DAMA has been negotiated agreements with main DSL and cable operators in order to collect the revenues these uses.
Beside that, other on demand transmission uses such as "Youtube" are internationally managed via a framework of agreements with other sister societies.
