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kideak

General rates

Principios generales (es)

MUSIC, drama, musicals, choreography and pantomime


NOTES

If an author who is a member of EKKI has given permission for a particular use of his/her work, he/she has the right to receive a proportion of earnings from that use and informs EKKI. In other cases, when a rate is established in the music category, that rate applies to the whole EKKI catalogue. When partial use is made of the EKKI catalogue, other rates can be agreed following the terms and derived rates specified in the Intellectual Property Law.

Permission to make use of the catalogue managed by EKKI is divided into categories. Making use of a category in any way other than that authorised requires specific permission and the conditions established in the previous paragraph will be applied for this specific type of use.

The catalogue which EKKI manages can be used with these rates unless the musical works in question – whether with lyrics or not, whether forming part of audiovisual material or not – are publicly announced to be part of a specific performance. Therefore, the use of these rates does not permit the use of musical works as part of performances and ones which are broadcast and not announced.

For reduced price or free performances, and if no specific information is provided in these Rates, the rates for the author's rights will be calculated from the percentage for their usage modality, for which a quotation must be agreed upon.

Furthermore, performances for which other tickets have been sold at a rate lower than that required to meet organizational costs will also be considered to be reduced price performances.

When advertising costs and tickets are mentioned in the Rates, they include monetary remuneration in general, and if there is no monetary remuneration, remuneration or compensation in kind between the advertiser and advertising agent will be taken into account. If this cannot be done, it will be calculated following the rates which advertisers and agencies pay for advertising under the same conditions.

In line with article 157.1.b of the Intellectual Property Law, non-profit cultural organizations are given a 20% discount on these rates.

Furthermore, public communication and using devices to play self-produced works, in general, will be linked to EKKI rates but exempted as long as the authors inform EKKI and reach agreements with other possible owners of rights. This will specifically affect the following categories:

DEFINITIONS

Adjusted Quotations: For such ends, expenses which may be subsidised, which are undoubtedly appropriate for the activity in question, which are completely necessary and which are incurred within the stipulated deadline.

Ticket Office Sales: Total earnings from tickets (for people to access the performance area and enjoy it, also when the amount paid includes refreshments or services of any type rendered in that area). Earnings from the ticket office will include all types of contributions, subsidies and sponsorships received by the promoters-organizers, and these are included in the value, amount or price to be remunerated, discounted or paid. VAT will not be included in this calculation.

Ticket Office Sheet: Promoter-organisers will provide EKKI with such a document in order to be able to settle the author's rights, including the mentioned ticket office earnings.

1.- AIRPORTS

When the EKKI catalogue is made use of for travellers in public and independent areas, whether shops or others, and music is played for entertainment by pictureless mechanical or electronic devices or by audio-visual devices.

MONTHLY RATE:

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

2.- CIRCUS

Works used as part of circus performances.

Author's rights: €15.40 per performance or 3% of ticket sales or budget (the lowest rate is applied).

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

3.- ILLUSIONISM AND CONJURING

Works used in illusionism and conjuring performances.

Author's rights: €7.70 per performance or 3% of ticket sales or budget (the lowest rate is applied).

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

4.- DANCE

Live or recorded music.

Author's rights are 5% of ticket office sales.

When tickets are free or there is open admission, author's rights are calculated as a percentage of the budget.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

5.- NON-HOTEL AND CATERING SALES AND SERVICE POINTS

Use of the music catalogue as secondary entertainment played using any type of device.

TYPE OF ESTABLISHMENT / MONTHLY RATE depends on establishments’ surface area.

This includes large shopping centres or warehouse-type sales points.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

6.- FAIRGROUND ATTRACTIONS

Use of the music catalogue as secondary entertainment played using any type of device at fairground attractions.

MONTHLY RATE

Use of EKKI catalogue music for entertainment in commercial areas, at play parks and theme parks and in shows and other productions:

0.3% of operating revenue. Operating revenue is gross takings at the ticket office and any other type of payment, of whatever kind, for admission to the park or the value of free tickets. VAT will not be included.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

7.- AIRLINES

Use of the music catalogue as secondary entertainment played using any type of device.

MONTHLY RATE

Using catalogue music for secondary entertainment, throughout the flight, using any type of device.

MONTHLY RATE

For watching EKKI catalogue items on video or other audio-visual devices throughout the flight.

MONTHLY RATE

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

8.- TRAIN COMPANIES

Use of the music catalogue as secondary entertainment played using any type of device.

MONTHLY RATE

For watching EKKI catalogue items on video or other audio-visual devices.

MONTHLY RATE

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

9.- FERRY AND CRUISE COMPANIES

Use of the music catalogue as secondary entertainment played using any type of device.

MONTHLY RATE

For watching EKKI catalogue items on video or other audio-visual devices.

MONTHLY RATE

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

10.- BUS COMPANIES

VEHICLES USED FOR PUBLIC TRANSPORT, REGULAR OR PRIVATE SERVICE

Using the EKKI catalogue on pictureless devices or on video devices.

LOCAL BUSES

Using the EKKI catalogue on pictureless devices or on video devices.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

11.- CONCERTS AND MUSIC RECITALS AND MULTI-DISCIPLINARY PERFORMANCES

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

12.- ARTISTIC OR MUSICAL PERFORMANCES AT SPORTS EVENTS

The rates from the previous category apply to the organisers depending on the length of each event or performance.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

13.- USE OF MUSIC OR AUDIO-VISUAL WORKS FROM THE EKKI CATALOGUE AS SECONDARY ENTERTAINMENT AT BARS, PUBS, RESTAURANTS, BOWLING ALLEYS, BINGO HALLS AND THEATRES, INCLUDING LIVE PERFORMANCES.

SURFACE AREA / MONTHLY RATE

MONTHLY RATE

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

14.- USE OF EKKI CATALOGUE MUSICAL OR AUDIO-VISUAL WORKS FOR NECESSARY ENTERTAINMENT IN MUSICAL BARS, THEATRE CAFΙS, DISCOS, PUBS, AND, IN GENERAL, SPECIALISED BARS.

SURFACE AREA / MONTHLY RATE

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

15.- SPORTS FACILITIES

Using music and audio-visual catalogue works for secondary entertainment.

RATE PER EVENT

Using music or audio-visual catalogue items as part of the event.

RATE PER EVENT

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

16.- PUBLIC INFORMATION VEHICLES WHICH USE MUSICAL ENTERTAINMENT

RATES

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

17.- SWITCHBOARDS WITH HOLDING MUSIC

Public communication, announcements and recordings of announcements without advertising.

MONTHLY RATE

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

18.- FILM SHOWS

FILMS SHOWS IN COMMERCIAL CINEMAS

FREE FILM SHOWS

A maximum of two films shown one after another makes up a film show.

PLAYING MUSIC DURING INTERVALS AT CINEMAS

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

19.- ESTABLISHMENTS OFFERING ACCOMMODATION.

Using EKKI catalogue works in any part of a hotel for remuneration (pay-as-you-watch video or TV...)

Using catalogue music for secondary entertainment, using any type of device, including live performance.

MONTHLY RATE BY HOTEL CATEGORY

The following equivalences will be used when applying these rates.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

20.- BUS STATIONS, TRAIN STATIONS, BOAT AND COLLECTIVE TRANSPORT QUAYS.

Playing music to entertain travellers on picturelessmechanical or electronic devices or video, TV or audio-visual devices (at sales points or independent areas, see specific rates).

MONTHLY RATES

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

21.- SERVICE STATIONS

Playing music on pictureless mechanical or electronic devices or video, TV or audio-visual devices.

MONTHLY RATE / NUMBER OF PUMPS

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

22.- FAIRS

Using the musical or audio-visual catalogue for secondary entertainment.

RATES PER SURFACE AREA AND FAIR (up to 7 days; from then on, in proportion)

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

23.- GYMS, DANCE ACADEMIES AND SIMILAR

1.- Secondary atmosphere generation: Rates for NON-HOTEL AND CATERING SALES AND SERVICES POINTS in category 5.

2.- Necessary atmosphere for normal activity:

MONTHLY RATE

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

24.- CAR PARKS

Using the musical or audio-visual catalogue for secondary entertainment.

TOTAL SURFACE AREA/ MONTHLY RATE

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

25.- WORKPLACES

Playing music on pictureless mechanical or electronic devices.

MONTHLY RATE

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

26.- SWIMMING POOLS

Playing music on pictureless mechanical or electronic devices.

MONTHLY RATE: 28,10€

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

27.- PHILHARMONIC AND CONCERT ASSOCIATIONS

7% of ticket office takings (calculated as revenue from ticket sales plus the proportional part of members' quotas).

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

28.- PLAYING OF EKKI CATALOGUE WORKS IN AUDIO FORMAT (SINGLE, MAXI SINGLE, LP, MC, CD, MUSIC DVD, MEMORY CARD, MP3S AND OTHER MEANS OF LISTENING AND SIMILAR), SELLING THEM TO THE PUBLIC FOR PRIVATE USE

5% of the recommended sales price (RSP), taxes not included, or 7% of the retail price, taxes not included.

For phonographic formats sold along with goods and services (for instance, distributed along with printed publications or graphic publications), only the recommended sales price or the increase in the price of the produce will be taken into account.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

29.- USING EKKI CATALOGUE WORKS TO PLAY ON VIDEO OR MULTI-MEDIA PLAYERS AND TO DISTRIBUTE AND SELL TO THE PUBLIC FOR PRIVATE USE, OR MAKE AVAILABLE AS AN ADDED VALUE ON TELECOMMUNICATIONS NETWORKS.

1.- Films, plays, music videos, karaoke videos, documentaries, works adapted for television and other audio-visual works.

5% of the recommended sales price (RSP), taxes not included, or 7% of the retail price, taxes not included.

The following proportion will always be used:

Percentage (minutes the EKKI catalogue work is played / total minutes)

For video formats sold along with goods and services (for instance, distributed along with printed publications or graphic publications), only the recommended sales price or the increase in the price of the produce will be taken into account.

2.- Multimedia formats.

5% of the recommended sales price (RSP), taxes not included, or 7% of the retail price, taxes not included.

The following proportion will be used in general:

Percentage x (minutes of music played / 80)

If the multimedia format is only music, the following proportion will be used:

Percentage x (minutes the EKKI catalogue work is played / multimedia contents' total minutes)

For multimedia formats sold along with goods and services (for instance, distributed along with printed publications or graphic publications), only the recommended sales price or the increase in the price of the produce will be taken into account.

3.- Value-added telecommunications services:

Public communication, reproduction and distribution of works managed by EKKI via cable, fibre optic table or other means.

3.5% of the user company's takings.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

30.- USE OF EKKI CATALOGUE WORKS TO PLAY OR SELL TO THE PUBLIC FOR PRIVATE USE ON MIDI FILES.

7% of the recommended sales price (RSP), taxes not included, or 9.8% of the retail price, taxes not included.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

31.- TOYS WHICH PLAY MUSICAL WORKS OR PARTS OF THEM

1.4% of the retail price.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

32.- MUSIC TO ORDER

Making files available to users online to access when and where they wish to.

a) Music to order without downloading (streaming).

RATES

7% of revenue from licensed services, including money paid by final users, access payments, quotas for members or season payments, subsidies received and revenue from advertising.

If streaming is free, whether to obtain revenue from advertising or for other reasons, the rate is €0.10 for each work made available to users.

b) Music to order, permanent or temporary download

RATES

8.5% of revenue from licensed services, including money paid by final users, access payments, quotas for members or season payments, subsidies received and revenue from advertising.

If downloading is free, whether to obtain revenue from advertising or for other reasons, the rate is €0.12 for each work made available to users.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

33.- RADIO PROGRAMME SERVICES

a) Exclusively sound broadcasting of EKKI catalogue works, live, on Internet-type digital networks (simulcasting)

RATES

3.5% of revenue from licensed services, including money paid by final users, access payments, quotas for members or season payments, subsidies received and revenue from advertising.

The following proportion will always be used:

Percentage (minutes the EKKI catalogue work is played / total radio minutes)

If broadcasting is not commercial, the rate will be €0.04 for each work made available to users.

b) Webcasting

RATES

4% of revenue from licensed services, including money paid by final users, access payments, quotas for members or season payments, subsidies received and revenue from advertising.

The following proportion will always be used:

Percentage (minutes the EKKI catalogue work is played / total radio minutes)

If broadcasting is not commercial, the rate will be €0.06 for each work made available to users.

c) Radio to order (sound library)

RATES

5% of revenue from licensed services, including money paid by final users, access payments, quotas for members or season payments, subsidies received and revenue from advertising.

The following proportion will always be used:

Percentage (minutes the EKKI catalogue work is played / total radio minutes)

If broadcasting is not commercial, the rate will be €0.08 for each work made available to users.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

34.- CREATING ATMOSPHERES ON WEBSITES

Transmission in order to create atmospheres for websites digital and reording in archives connected to websites to them with the same objective.

RATES

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

35.- MOBILE PHONES, PDAs OR SERVICES FOR OTHER TERMINALS

a) Tones to order for mobile phones, PDAs or other terminals (recording EKKI catalogue works and making them available to users is permitted).

b) Downloading music for mobile phones, PDAs or other terminals (recording EKKI catalogue works and making them available to users is permitted).

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

36.- VIDEOS ON REQUEST

RATES

1.80% of revenue from licensed services, including money paid by final users, access payments, quotas for members or season payments, subsidies received and revenue from advertising.

For non-commercial services, the rate will be €0.04 for each work made available, to which the following proportion is applied:

Rate x (EKKI work's total minutes fraction / total minutes)

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

37.- RADIO STATIONS

Making use of the EKKI catalogue (recording, editing and copies for broadcasting included) with the following objectives:

RATES

3.70% of revenue from licensed services, including money paid by final users, access payments, quotas for members or season payments, subsidies received and revenue from publicity.

Each station with its own personality and brand, programme and frequency is considered to be independent even if it is part of a company, organisation or group.

The following coefficients are applied:

In calculating broadcasting time, there will be no differentiation depending on the type of use made of the catalogue (whether live or recorded music) and the calculation will be based on the works' total length.

The rates are established by calculating catalogue broadcasting time for one calendar year and will be applied to the following calendar year until broadcasting time is recalculated. If there is any difference between the two, that difference is to be paid for.

In any case, radio stations may also use the following minimum rates:

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

38.- TELEVISION STATIONS

Making use of EKKI catalogue works for public communication (recording, editing or copies for broadcast included) whether as part of their own programming or on analogue and/or digital television, by mobile phone or satellite broadcast.

Own programming is considered to be:

Broadcast programmes are considered to be those which have come from other organisations (eg. another television station) or by cable from a first transmission, even if the user makes the first transmission, but not just the first organization's unaltered communication, complete and live.

Each station with its own personality and brand, programme and frequency is considered to be independent even if it is part of a company, organisation or group.

RATES (DEPENDING ON USE OF CATALOGUE)

When deciding rates, the time for which works are used compared with complete broadcasting time (the part of programming they take up) will be taken into account, this being taken as the basis and rates are calculated in proportion:

In calculating broadcasting time, there will be no differentiation depending on the type of use made of the catalogue (whether live or recorded music) and the calculation will be based on the works' total length.

The rates are established by calculating catalogue broadcasting time for one calendar year and will be applied to the following calendar year until the broadcasting time it recalculated. If there is any difference between the two, that difference is to be paid for.

When the user broadcasts or transmits on different stations, which give the spectators different options (groups of stations or basic packages), rates will be applied to each station depending on the use made of the catalogue on each one and applying the mentioned rates. In such cases, each station’s basic rate or revenue will be used in proportion to the user’s revenue for each differentiated offer, and each such rate by the size of each station.

In any case, television stations may also use the following minimum rates:

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

39.- RADIO OR CABLE PROGRAMME PACKAGES

Playing EKKI catalogue works in packages, broadcast by radio or cable organizations:

There are no rates for permitting:

The base rate is 0.90% of revenue obtained from the sale of programmes or packages.

Other specific categories of the catalogue in the GENERAL RATES are not included in this category.

40.- GENERAL CONDITIONS FOR PERMISSION FOR PUTTING ON PLAYS, MUSICALS, CHOREOGRAPHY AND PANTOMIMES

According to the law about authors' rights, conditions and ways of using works of drama depend wholly on the author.

Consequently, if an author gives his/her permission (which is required for any theatrical performance) he/she can require the economic remuneration he/she considers suitable in terms of author's rights.

If an author is represented by EKKI in such as case, the following general conditions will be included in contracts:

  1. The percentage of ticket office takings or a specific amount for the author to be paid.
  2. If the author or owner of the rights does not fix such conditions: 7% of ticket office takings after tax. If the performances were to be free or reduced price, the rates for the author's rights would be calculated case by case and applying a percentage of the use made, taking into account the budget required for the performance to continue.

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