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Draft:EGEDA

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EGEDA
Entidad de Gestión de Derechos de los Productores Audiovisuales
AbbreviationEGEDA
Formation18 September 1990; 35 years ago (1990-09-18)
TypeCopyright collective
PurposeCollective management of audiovisual producers' intellectual-property rights
HeadquartersPozuelo de Alarcón, Community of Madrid, Spain
Region served
Spain and Ibero-America
President
Enrique Cerezo
Websitewww.egeda.es

EGEDA (Spanish: Entidad de Gestión de Derechos de los Productores Audiovisuales, lit. 'Audiovisual Producers' Rights Management Entity') is a Spanish copyright collective that administers intellectual-property rights on behalf of film, television and other audiovisual producers. Based in Pozuelo de Alarcón, near Madrid, it licenses uses of works in its repertoire, collects remuneration and distributes the resulting revenue to rightsholders. The organisation was established in 1990 and was authorised by the Spanish Ministry of Culture on 29 October of that year.[1]

EGEDA has participated in the creation of affiliated or related collective-management organisations in Latin America and maintains representation agreements with foreign societies.[2] In addition to rights management, it has developed film-industry initiatives including the Forqué Awards, the online film service Filmotech and, with the Ibero-American Federation of Film and Audiovisual Producers (FIPCA), the Platino Awards.[3][4]

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EGEDA is one of the collective-management organisations authorised by Spain's Ministry of Culture under the country's intellectual-property legislation. Its constituency is audiovisual producers, as distinct from organisations representing authors, performers or music producers.[1] Membership is voluntary, but some of the rights administered under Spanish law are subject to mandatory collective management.[5]

The organisation's core work includes licensing and collecting payment for retransmission and other forms of communication to the public involving audiovisual works. A significant area of its Spanish licensing activity has concerned television and other audiovisual content made available in hotel rooms.[6] It also administers revenue received from counterpart organisations abroad and represents foreign rightsholders in Spain through reciprocal agreements. EGEDA is a member of the Geneva-based Association of International Collective Management of Audiovisual Works (AGICOA).[7]

The World Intellectual Property Organization (WIPO) Arbitration and Mediation Center operates an expedited-arbitration procedure adapted to disputes between EGEDA rightsholders who make competing claims to exploitation rights in the same work. Arbitration is optional after EGEDA's internal settlement and recommendation procedure has concluded.[8]

History

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EGEDA was constituted in Spain on 18 September 1990. A ministerial order authorising it to operate as an intellectual-property rights management organisation was issued on 29 October and published in the Boletín Oficial del Estado on 2 November 1990.[1][9] It began collecting rights revenue in 1993.[10]

In 1996, the organisation created the José María Forqué Awards, named after film director and producer José María Forqué, EGEDA's first president. The awards were intended to recognise Spanish audiovisual productions and the role of producers in the industry.[3] Film producer and distributor Enrique Cerezo became EGEDA's president in 1998.[11]

From 2001, EGEDA became increasingly involved in establishing collective-management organisations for producers in Ibero-American countries.[7] EGEDA US was established in Los Angeles in 2007 to manage relationships with US members and act as a link between the United States and the Spanish and Latin American audiovisual industries.[12] Organisations using the EGEDA name have subsequently operated in a number of Latin American countries, while reciprocal agreements extend the repertoire represented in each territory.[2]

In March 2007, EGEDA launched Filmotech, a legal download service initially offering about 250 Spanish feature films, short films, documentaries and animated works. Its catalogue combined recent titles with Spanish film classics, and its launch was presented as both a new distribution window and an alternative to unauthorised file sharing.[13] The service later adopted streaming and operated until 2019.[14]

EGEDA was among the organisations that formed the Coalition of Creators and Content Industries (Coalición de Creadores e Industrias de Contenidos) in 2008. The coalition brought together organisations from the film, music, publishing and video-game sectors to lobby for enforcement and legislative measures against online copyright infringement.[15]

EGEDA and FIPCA announced the Platino Awards in 2013 as an annual programme recognising cinema from across Ibero-America. The first ceremony was held in Panama City in April 2014.[4][16] The awards later expanded to include television productions and have been held in several countries.[17]

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EGEDA has been involved in litigation concerning the extent and financing of audiovisual producers' rights. In EGEDA and Others v Administración del Estado (C-470/14), EGEDA and several other Spanish collecting societies challenged Spain's system of financing compensation for private copying from the general state budget. In June 2016, the Court of Justice of the European Union held that European Union law precluded that system because it did not ensure that the cost was borne only by natural persons entitled to make private copies; legal persons also contributed through general taxation without an exemption or reimbursement mechanism.[18][19]

A separate competition case concerned EGEDA's tariffs for public communication of audiovisual works in hotel rooms. Following a complaint by the Spanish hotel association CEHAT, Spain's competition authority found in 2012 that EGEDA had abused its dominant position by setting unfair, excessive and discriminatory tariffs. It imposed a fine of €478,515.[6] The Audiencia Nacional upheld the finding of infringement in 2016 but ordered the fine to be recalculated. The Supreme Court rejected EGEDA's further appeal in November 2017, and in 2018 the National Commission on Markets and Competition reimposed the €478,515 fine after recalculation.[6][20]

See also

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References

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  1. 1 2 3 "Addresses and fees for Intellectual Property management organisations". Ministry of Culture, Spain. Retrieved 7 August 2026.
  2. 1 2 "International relations of EGEDA". EGEDA US. Retrieved 7 August 2026.
  3. 1 2 "RTVE recoge la Medalla de Oro de Egeda por su apoyo histórico al cine español" [RTVE receives EGEDA's Gold Medal for its historic support of Spanish cinema] (in Spanish). RTVE. 13 January 2015. Retrieved 7 August 2026.
  4. 1 2 Hopewell, John (4 December 2013). "Ibero-American Orgs Launch Platino Awards". Variety. Retrieved 7 August 2026.
  5. ↑ "Collective management" (in Spanish). Ministry of Culture, Spain. Retrieved 7 August 2026.
  6. 1 2 3 "Resolución de ejecución de sentencia, expediente VS/0157/09, EGEDA" [Decision implementing judgment, case VS/0157/09, EGEDA] (PDF) (in Spanish). National Commission on Markets and Competition. 4 December 2018. Retrieved 7 August 2026.
  7. 1 2 "Who we are". EGEDA US. Retrieved 7 August 2026.
  8. ↑ "WIPO Expedited Arbitration for EGEDA". World Intellectual Property Organization. Retrieved 7 August 2026.
  9. ↑ "Orden de 29 de octubre de 1990 por la que se autoriza a la Entidad de Gestión de Derechos de los Productores Audiovisuales (EGEDA) para actuar como entidad de gestión de derechos de propiedad intelectual" [Order of 29 October 1990 authorising EGEDA to operate as an intellectual-property rights management organisation]. Boletín Oficial del Estado (in Spanish) (263): 32498–32499. 2 November 1990. Retrieved 7 August 2026.
  10. ↑ "¿Cuándo se constituyó EGEDA?" [When was EGEDA established?] (in Spanish). EGEDA. Retrieved 7 August 2026.
  11. ↑ "Enrique Cerezo". Nueva Economía Fórum. Retrieved 7 August 2026.
  12. ↑ "What is EGEDA US?". EGEDA US. Retrieved 7 August 2026.
  13. ↑ "El cine español se atreve con las descargas en Internet" [Spanish cinema ventures into Internet downloads]. El País (in Spanish). 27 March 2007. Retrieved 7 August 2026.
  14. ↑ "Con esta imagen de Adiós con el corazón..." [With this image from Adiós con el corazón...]. X (in Spanish). Filmotech. 1 February 2019. Retrieved 7 August 2026.
  15. ↑ "Los gestores de derechos y creadores de contenidos se alían contra la piratería" [Rights managers and content creators join forces against piracy] (in Spanish). Europa Press. 13 June 2008. Retrieved 7 August 2026.
  16. ↑ "Ventana Sur: Ibero-American Film Industry Launches Platino Awards". The Hollywood Reporter. 5 December 2013. Retrieved 7 August 2026.
  17. ↑ Hopewell, John (29 June 2020). "Pedro Almodóvar's 'Pain and Glory' Sweeps 7th Platino Xcaret Awards". Variety. Retrieved 7 August 2026.
  18. ↑ Entidad de Gestión de Derechos de los Productores Audiovisuales (EGEDA) and Others v Administración del Estado and Asociación Multisectorial de Empresas de la Electrónica, las Tecnologías de la Información y la Comunicación, de las Telecomunicaciones y de los contenidos Digitales (Ametic) (European Court of Justice 9 June 2016), Text.
  19. ↑ Gallucci, Maria (9 June 2016). "E.U. Court Nixes Spain's Private Copying Law". Courthouse News Service. Retrieved 7 August 2026.
  20. ↑ "El Supremo confirma la multa a Egeda por tarifas abusivas en hoteles" [Supreme Court confirms EGEDA fine for abusive hotel tariffs]. Iustel (in Spanish). 5 December 2017. Retrieved 7 August 2026.
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Category:Copyright collection societies Category:Copyright law of Spain Category:Film organisations in Spain Category:Organizations established in 1990 Category:1990 establishments in Spain

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