A mandate contract has also been created for those who are being merely administered
On 23rd June 2021 during the General Annual Meeting of the Spanish General Society of Authors and Publishers (Sociedad General de Autores y Editores) (SGAE) approved a series of reforms to the entity's Statutes, which, among other things, implies a change in the contract for your repertoire management and the creation of a mandate contract for those who are being merely administered.
What are the main innovations in the current management contract?
· Any new member of SGAE must declare that, prior to signing the contract, he/she has been duly informed of those rights, which, both the applicable regulations in force and the Statutes themselves recognise for him/her.
· The right, at any time, to partial withdrawal or modification of the management scope granted to the entity.
· Substitution of the categories set out in revoked Article 14 of the Statute by that which is established in the current valid contract (Annex I).
· The amplification of members' ability to grant non-commercial licences, as well as the deletion of the previous Annex II which restricted self-promotion on websites.
· The amendment of the Holder's rights clause, which will henceforth include all recognised rights as stated in the Copyright Law and Society Statutes.
In addition to these changes, the management contract as a whole has also been revised in order to improve the wording and comprehensibility, as well as adapting it to the entity's technical needs. It is worth highlighting the ownership clause amendments, the inclusion of a member's works as they are created, and sections referring to the termination of the contract and reasons for the termination.
On the other hand the mandate contract has been created for merely administered persons with the aim of addressing the established regulation contained in article 156.6 for those rights holders who do not have membership status in the entity.
This contract, which format is more reduced than the management contract, includes all the essential contract clauses and, specifically, mandate clauses. It should be noted that it is indefinite in duration, as long as it is not revoked, and that the rights and powers of non-commercial licences will be regulated under the same terms and conditions as those of SGAE members.
As established in the previous management contract, SGAE must inform its members of any amendments to terms and conditions therein, which, shall be deemed as having been accepted if there is no objection from the holder within a period of thirty calendar days.
Consequently, if you do not state otherwise within thirty calendar days, as from 8 September, it will be understood that you accept the general conditions of this new management contract. However, if you wish to sign the new contract, please complete the attached document in duplicate and send it to email@example.com.