FAQs

As a member of AGEDI, a phonogram producer may benefit from:

• The collection made by AGEDI for different rights corresponding to music producers.
• The allocation of an ISRC Code to identify its own audio and video recordings.
• Access and storing of information on its catalogue in repertoire databases and in the application RitmoGestión.
• Access to information on sales, radio and streaming figures of PROMUSICAE-AGEDI official Charts.

Spanish Intellectual Property Law (Spanish LPI) protects intellectual property rights of different right holders and, among them, those of phonogram producers. In order to facilitate the management of some of their rights, collective management societies are established, such as AGEDI, authorised by the Ministry of Culture (AGEDI was granted the compulsory authorisation by Order of 15th February 1989 to perform that mission.

This way, an effective exploitation of phonograms is guaranteed for the benefit not only of rights holders but also the users; rights holders because they are assured control of the use of recordings both in Spain and abroad (the latest by virtue of reciprocal agreements signed between AGEDI and foreign collecting societies); and users because, by resorting to AGEDI is assured a peaceful use of repertoire represented by our society in the cases of massive uses of phonograms.

AGEDI is authorised by the Spanish Ministry of Culture (Decree of 15th February 1989- Published in Official Gazzette 11th March 1989) to manage the following intellectual property rights:

• Public Communication of phonograms and music videos, which comprises the radio or television broadcasting, included via cable or satellite; retransmission, public dissemination of phonograms and music videos broadcasted on radio or television; their use on commercial or other type of premises, as well as in public transport; simulcasting (simultaneous unaltered transmission via the internet of sound recordings included in original free-to-air broadcasts of radio and/or TV signals), certain categories of non-interactive webcasting (music radio only available via Internet, that allows to listen to songs without downloading to the computer and in which the user cannot decide on the music to be listened to), podcasting (recorded programs of radio and TV previously broadcasted, transmitted through the Internet or mobile phone networks) and background music on websites.

The management of rights over simulcasting, webcasting, podcasting and background music on websites is carried out by AGEDI by virtue of multilateral reciprocal agreements signed with producer rights collecting societies around the world, so that contracts for these services allow their provision in all signing countries.

• Reproduction of phonograms and music videos for public communication, consisting in making fixations of phonograms or music videos in their own carriers for subsequent public communication.
• Private copying equitable remuneration of phonograms and music videos.

Yes, as far as the rights under mandate to AGEDI have been licensed exclusively to you.

Indeed. AGEDI Articles of Association envisage the possibility to become a member of our collecting society as a Member Associate under the role of AGENT.

Applicants should follow these steps:

• download the Application Form and AGEDI Articles of Association (section BECOME A MEMBER)
• after thorough reading, send filled the application form attaching the proving documents required to our Admission Department.
• AGEDI shall review the application and, if requirements for admission are fulfilled, membership application shall be submitted to the Board of Directors.
• The Board of Directors approves, when appropriate, your membership application.
• Both parties sign the management mandate.
• Payment of the entry fee.
• You are a new member of AGEDI.

All AGEDI members are deducted an administration fee, corresponding to a percentage of rights. AGEDI’s Board of Directors also fixed an annual minimum administration fee when the established administration fee does not reach the figure set. Therefore, on a yearly basis the member shall pay an invoice either for the minimum fee or for the difference between what has already been paid and the minimum fee. All details regarding the costs involved in AGEDI membership can be found on this website (section I’M A MEMBER/management fees).

Members of AGEDI enter their repertoire online into RitmoGestión, from where they also declare rights ownership, with specification of territories covered by rights and relevant dates. Ownership information is in BDR, the Repertoire Database used by AGEDI for rights distribution, but that information has a mirror in the information available for members in RitmoGestión.

Rights revenues are distributed to our members on a track by track basis. You can review the Distribution Rules published on AGEDI’s website (section I’M A MEMBER/Distribution Rules).

Usage data taken into account for the Distribution of rights’ revenues come from a panel of around 170 radio stations, distributed according to the design of a company specialised in market research; with that panel, monitoring is made on their emissions 24 hours and 365 days of the year. This statistic method has a very small margin of error, so the panel is representative of the whole set of radio stations paying rights to AGEDI, although, by definition, does not include all (which would be economically unworkable). Besides, the radio stations panel is confidential. If, despite of the tiny margin of error, you consider that it may be a relevant problem with the monitoring of your rights, you can submit your case to AGED and our distribution department shall make the required analysis.

Interactive streaming channels of audio and video (such as Spotify or YouTube) remain out of AGEDI management and music producers owners of the rights establish themselves commercial relationships with those services.

Producers inform AGEDI of the territories where they hold the rights and wish AGEDI to manage them through the tools developed to that purpose (RitmoGestión and BDR). If a member holds the right exclusively in Spain and duly informs the society, AGEDI shall not claim those rights in any other territory.

If a member does not want AGEDI to manage its rights in any specific territory, or wants them to be managed only in Spain, there is no more than informing us and AGEDI shall exclude the management of their repertoire in the relevant countries.

Yes. They are different societies managing different intellectual property rights corresponding to different right owners. Thus, SGAE collects authors’ rights whereas AGEDI manages the phonogram producers’ rights. For its part, AIE manages the rights of music artists or performing artists. Rights that are all independent, compatible and cumulative with each other.

Yes, indeed. AGEDI must authorise the reproduction of phonograms and/or music videos in encrypted DVDs or in hard disks of coin-activated jukeboxes, to the purpose of carrying out further public communication. The owners of the relevant premises where jukebox machines are placed are those who shall pay for the public communication of phonograms right  –to AGEDI-AIE – and music videos  – to AGEDI– according to general tariffs established. However, as a consequence of the AGEDI agreement with the involved sector, with the aim of making easier the exploitation of music videos the provides/supplier could subrogate to AGEDI’s position when authorising their public communication, thereby becoming the debtor of such rights.

If you are a user and need more information on Public Communication of Phonograms and the AGEDI-AIE contract, please visit section Frequently Asked Questions at the Joint Collection Office of Artists and Producers (only in Spanish).