Management company of the royalties
A management company of the royalties (or society of perception and of distribution of rights (SPRD) ) is a company by the means which authors exert the collective management their rights. By playing the part of intermediary between the authors, producers of works subjected to the Royalty, the management companies of the royalties facilitate the effective exercise of the rights by the authors and support the licit exploitation of works by centralizing their management. Centralized management allows at the same time a treatment fast and standardized legal procedures for the exploitation of works by thirds and an effort concentrated in order to guarantee the respect of the royalties.
Management companies of the royalties in Belgium
Management companies of the royalties to Canada
August 1st
Management companies of the royalties in France
In 2005, France knows 22 society of perception and of distribution of the royalties (SPRD) of which:
- the Company of the authors, type-setters and editors of music (SACEM)
- the multi-media Civil society of the authors (SCAM)
- the Civil society of the phonographic producers (SCP)
- the Company of the authors and dramatic type-setters (SACD)
- the Civil society for the administration of the rights of the artists and musicians interpreters (ADAMI/Adami)
- the Society of perception and of distribution of the rights of the artists interpreters (Spedidam)
- the Company of the authors in graphic arts and plastic (ADAGP)
- the Employers' federation ofmusic publishing (CSDEM)
- the Company of the Authors of visual arts and the Still image (SAIF)
Let us note that some of these companies charge and distribute royalties to the clean direction (authors, type-setters, etc) and others of the close rights (artists interpreters). In 2006, during the examination of the bill DADVSI, of the marked divergences were done day between companies of author, in particular the SACEM, and companies of interpreters, in particular the ADAMI and the SPEDIDAM.
In France the SPRD have a statute of private law. They exert nevertheless a recognized mission of Public utility under the supervision of the ministry for the Culture.
Following a certain number of problems concerning these companies, the State constituted, by the Loi of August 1st, 2000, a Standing committee of control of the society of perception and distribution. This commission, lodged by the Court of Auditors, is made up of five members named by decree for five years: a adviser-Master at the Court of Auditors ensuring the role of president; a to advise State; an adviser with the Court of appeal; a member of the General inspection of finances and a member of the General inspection of the administration of the cultural affairs. The commission controls the accounts and the management of the SPRD, their subsidiary companies and companies which are affiliated for them. In 2006, within the framework of the bill DADVSI, of the amendments tending to subject the SPRD to the direct control of the Court of Auditors were pushed back with the reason which the SPRD are private and nonpublic organizations; however, the Court of Auditors can already control various private types of organization, of which for example those calling upon public generosity.
Management companies of the royalties in Switzerland
References
- UNESCO: Guide on the collective management of the royalties
- Standing committee of control of the SPRD (France)
- Rapport of June 2004
- Rapport of March 2006
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