DAMA - Derechos de Autor de Medios Audiovisuales

Derechos de
Autor de Medios
Audiovisuales

Provisions on governance, transparency, accontability and supervision

Members entrust the collecting society with the administration of their rights through a contract. This contract cannot impose a duty for the member to allow the administration of all forms of exploitation nor the global administration of all future works or productions.
Collecting societies have a duty to administer the rights entrusted to them in accordance with their objectives.
Collecting societies also have a duty to administer the rights to equitable remuneration for permitted uses and cable distribution.
The tariffs for the use of works are either set by law (private copying) or by the society.
The distribution of sums collected must be equitable and members must receive a share which is proportionate to the use of their works.
Collecting societies are obliged to conclude contracts with any user, lay down tariffs for the determination of remuneration for the use of its repertorie and to conclude framework contracts with associations of users.
The collecting society must publish accounts and submit information on their administrator's appointment and termination of office, their general tariffs, general contracts and their annual account to the Ministry of Culture.
The supervision of collecting societies is carried out by the Ministry of Culture. This Ministry has a right to demand information, order inspections, audits and appoint a representative to participate in the General Assembly, administrative boards and other bodies.