Frequently asked questions

FAQs by category

Something is still unclear or missing? Ask us by email!

 

About AGICOA

Rightsholder

AGICOA distribution rules

How can I get a copy of AGICOA distribution rules?

Declarations of rights on works

Remuneration

Conflict

Terminology

Some answers

About AGICOA

What does AGICOA mean?

AGICOA is the Association of International Collective Management of Audiovisual Works (Association de Gestion Internationale Collective des Oeuvres Audiovisuelles). As a neutral and non-profit institution, AGICOA acts in various countries, in the area of TV retransmission means, to collect and to distribute the payments of royalties to the producers of audiovisual works and/or their Rightsholders.

What is the AGICOA Alliance?

A single audiovisual work declaration with AGICOA can apply worldwide wherever the AGICOA Alliance operates. Our Alliance partners subscribe to common practices and ethical principles; so rightsholders' interests are managed in a consistent way across countries and regions.

Which retransmission means are handled by AGICOA?

AGICOA's business today is linked to various means of retransmission provided it has been mandated by Rightsholders for the management of these rights.

Right now royalties are collected by AGICOA for:

  • Technical means: ADSL, cable, satellite platform, mobile applications, DVB (Digital Video Broadcast) and DVB-T (Digital Video Broadcast-Terrestrial);
  • Reception places: households, hotels.

In which countries is AGICOA collecting royalties?

The AGICOA Alliance collects retransmission royalties in those countries where it has either concluded licensing agreements directly with local TV retransmission operators or through a local collecting society. AGICOA has focused on collecting retransmission royalties in main European markets, but is steadily developing its markets in other countries.

AGICOA cannot collect retransmission royalties in those countries where either the local law exempts the retransmission of TV programs from copyright (for instance U.K. for nationwide British TV channels) or where retransmission operators, despite AGICOA’s efforts and even legal actions, still refuse to pay royalties. Finally, AGICOA cannot collect retransmission royalties either in those countries where national legislation grants a monopoly to local collecting societies and prevents AGICOA from operating in this country.

How will AGICOA know my works have been retransmitted?

To help us identify your work when it has been retransmitted and to secure the remuneration you are entitled to, you are encouraged to detail your declarations of works to AGICOA as much as possible. A matching process, using all major TV channels broadcasts data part of a licensing agreement, allows us to identify your declared works.

Who shall I contact to know more about AGICOA?

You may contact us using the details here below, and we will direct you to the appropriate person. AGICOA - 1 rue Pestalozzi - CH-1202 Geneva - Switzerland - Phone: +41 22 340 32 00 - Fax: +41 22 544 83 86 - Internet: www.agicoa.org - E-mail: info@agicoa.org

Rightsholder

Who can register at AGICOA?

Any independent producer or his/her assignee owning cable or similar retransmission means' rights on audiovisual works. He/she can be a natural person or a legal entity.

Do I really have to register at AGICOA to be remunerated?

The Directive 93/83/EEC states you cannot exercise your rights individually vis-à-vis cable operators. You have to make use of the services of a collecting society.

What is a Rightsholder?

Any independent producer or his/her assignee owning cable or similar retransmission means' rights on audiovisual works. He/she can be a natural person or a legal entity.

Do I have to pay something to register at AGICOA?

No, registration at AGICOA is free. We finance our services through the deduction of a fee of below 10% of royalties collected. In other words, there is no client investment, only returns.

How shall I notify to AGICOA that my details have changed?

Directly from your desk through IRRIS Web, the web declaration portal.

If you do not have access yet, send us back the IRRIS Web - access form.

By filling in a "Registration of a Rightsholder" form with your new details and by sending it back to: By sending your new details to:
AGICOA
1 rue Pestalozzi
CH-1202 Geneva
Switzerland
Fax: +41 22 544 83 86
Mail: info@agicoa.org

How shall I notify to AGICOA that my bank details have changed?

Directly from your desk through IRRIS Web, the web declaration portal.

If you do not have access yet, send us back the IRRIS Web - access form.

By filling in a "Registration of a Rightsholder" form with your new bank details and by sending it back to: By sending your new bank details to:
AGICOA
1 rue Pestalozzi
CH-1202 Geneva
Switzerland
Fax: +41 22 544 83 86
Mail: info@agicoa.org

How shall I notify to AGICOA that my company name has changed?

Directly from your desk through IRRIS Web, the web declaration portal.

If you do not have access yet, send us back the IRRIS Web - access form.

By filling in a "Registration of a Rightsholder" form with your new company name and by sending it back to: By sending your new company name to:
AGICOA
1 rue Pestalozzi
CH-1202 Geneva
Switzerland
Fax: +41 22 544 83 86
Mail: info@agicoa.org

How shall I notify AGICOA of a transfer of rights?

Directly from your desk through AGICOA web site. By filling in a "Transfer of rights" form with all necessary data and by sending it to the related counterpart.

AGICOA distribution rules

How can I get a copy of AGICOA's distribution rules? - Download them from IRRIS Web or ask your contact at AGICOA to send them to you.

Declaration of rights on works

Definition of a work

Audiovisual work: Any content that consists of fixed pictures linked to each other suggesting movement, whether or not accompanied by sound, prone to be made visible and, if accompanied by sound, prone to be made audible. You can declare your works at AGICOA with the exception of commercials, sport events and news.

What type and kind of works can I declare?

Work types:

  • SH: Short film - a single audiovisual work which is not a part of a series and lasts less than 50 minutes.
  • SE: Series or serials - any audiovisual work of a repetitive nature and consisting of seasons and/or episodes whatever the duration of each of these may be.
  • FF: Feature film - an audiovisual work of 50 or more minutes, originally intended for primary exploitation by movie theaters (or which has been exploited in such a way).
  • TF: Tele feature - an audiovisual work originally produced for television, and not intended for exploitation by movie theaters. Its duration is of 50 or more minutes.

Work kind:

  • FI: Fiction - work that consists mainly of invented narrative elements, with the exception of animation.
  • AN: Animation (cartoons, puppets). • NF: Non fiction - work that consists mainly of facts (documentary, talk show, reality show, etc...).

Is it worth to declare works others than feature films?

The answer is simple: no declaration - no money.

Definition of rights

Rights on works are declared by providing:

  • the percentages of rights for:
    • countries;
    • channels;
    • language versions.
  • the rights period: the rightsholder is entitled to remuneration for broadcasts falling in his declared rights period;
  • the validity period: the rightsholder is entitled to remuneration for payments if his/her declared validity period covers the period during which AGICOA launches the royalties allocation process.

How can I declare my rights on works?

For your convenience, AGICOA has developed four declaration modes. You may select the most appropriate to your environment and needs.

  • IRRIS Web: Web declaration portal to declare, update and/or query your works and rights as well as to look at your related remuneration.
  • WRI: Electronic Import of Works and Rights Information between your company's database and AGICOA's to declare and/or to update your works and rights.
  • S-WRI: Excel-based format to declare works and rights information from your Company's database.
  • Paper declaration forms: Paper declaration forms that you fill in, print and send back to AGICOA.

How can I update my rights on works?

For your convenience, AGICOA has developed three update modes. You may select the most appropriate to your environment and needs.

  • IRRIS Web: Web declaration portal to declare, update and/or query your works and rights as well as to look at your related remuneration.
  • WRI: Electronic Import of Works and Rights Information between your company's database and AGICOA's to declare and/or to update your works and rights.
  • Paper declaration forms: Paper declaration forms that you fill in, print and send back to AGICOA.

How can I check my catalogue at AGICOA?

Directly from your desk through IRRIS Web, the web declaration portal. If you do not have access yet, send us back the IRRIS Web - access form.

Is there a time frame limit to declare my rights on works in order to get paid?

Provided your declaration occurs prior to the corresponding final distribution, the sooner you declare your work and rights, the quicker you will be remunerated after your work has been retransmitted.

What happens if I forget to declare my rights on a work?

As long as your declaration occurs prior to the corresponding final distribution, the related royalties remain at your disposal.

Am I entitled to remuneration at AGICOA if I am not sure I have retained my retransmission rights?

You first have to check your agreement. If nothing specific is mentioned in the contract as on whether or not you sold your retransmission, then the “inertia principle” prevails. It means the rights are still yours and that you are entitled to remuneration at AGICOA.

Remuneration

Who is remunerated at AGICOA?

Any Rightsholders registered at AGICOA and whose declared works have been identified as cable broadcast during current year on channels and countries remunerated by AGICOA.

Are all channels remunerated?

AGICOA collects royalties for the right to use its repertoire contained in the simultaneous, unchanged and unabridged retransmission of TV channels, whether they are public, private, thematic or generalist. AGICOA also collects for such retransmissions in hotels.

AGICOA allocates these royalties to individual rightsholders on the basis of a representative sample of channels retransmitted in each country. Rightsholders can get a copy of the channels composing this list from their Portfolio Manager or by downloading it from IRRIS Web, the web declaration portal.

How will AGICOA know my works have been retransmitted?

To help us identify your work when it has been retransmitted and to secure the remuneration you are entitled to, you are encouraged to detail your declarations of works to AGICOA as much as possible. A matching process, using all major TV channels broadcast data part of a licensing agreement, allows us to identify your declared works.

How are royalties collected?

The AGICOA Alliance collects retransmission royalties in those countries where it has either concluded licensing agreements directly with local retransmission operators or through a local collecting society.

When will I get paid?

Provided your declaration occurs prior to the corresponding final distribution, the sooner you declare your work and rights, the quicker you will be remunerated. The year following the broadcast, the collected funds are distributed to the Rightsholders, for the territory and period concerned.

How much will I get paid for my works?

The amount you will get depends from the overall amount that AGICOA collects in a given country. The specific calculation of the amount you will get is itself based on non-discriminatory, objective criteria such as the duration of the work. A prime time retransmission of a work with a duration of sixty minutes in an important TV retransmission market like the Netherlands will yield a larger amount than in a smaller market like Slovenia. Also a retransmission during prime time will yield more than a retransmission at other time.

Can I check my remuneration online?

Absolutely, this is possible directly from your desk through IRRIS Web, the web declaration portal.

Why do I sometimes have to wait to get paid for broadcasts of some years ago?

There may be various reasons. It could be that royalties may not have been paid by retransmission operators and AGICOA had to start legal actions to obtain the funds. Another reason may be that the precise broadcast data required to perform a distribution may have been difficult to get in a timely fashion. It can also happen that the payment had been blocked due to a conflict. Or it could also come from your late declaration. Kindly see the question: “when will I get paid?”

Does AGICOA pay royalties other than for cable retransmissions?

AGICOA's core business used to be cable retransmission, but today it encompasses other similar retransmission means provided AGICOA has been mandated by Rightsholders for the management of these rights.

Right now royalties are collected by AGICOA for:

  • Technical means: ADSL, cable, satellite platform, mobile applications, DVB (Digital Video Broadcast) and DVB-T (Digital Video Broadcast-Terrestrial);
  • Reception places: households, hotels rooms.

What is the difference between period of validity and period of rights?

  • Period of rights: period during which a Rightsholder holds the related rights;
  • Period of validity: period during which a Rightsholder is entitled to receive a payment.

A Rightsholder is entitled to payments for a broadcast when 1) the work was retransmitted during his declared period of rights and 2) if the allocation process is launched within his declared period of validity.

What does first distribution mean?

Generally during the year following the broadcast, the collected funds are distributed to the Rightsholders, for the territory and period concerned.

What does final distribution mean?

Usually, three years after first distribution, the unclaimed funds are distributed on a pro rata basis to the Rightsholders who have already been paid in the past, for the territory and period concerned. From then on, there is no possibility to claim payment for that territory and period. Nevertheless, related money blocked due to pending conflicts will be distributed after conflict resolution.

What shall I do if I notice that one of my broadcasts has not been remunerated by AGICOA?

You should first make sure you have already declared the related work at AGICOA:

If the related work has not been declared, go back to How can I declare my rights on works?

Provided your work is already declared at AGICOA, kindly send us the following details to ensure you get your remuneration:

  • Channel on which your work has been broadcast
  • Broadcast date
  • Broadcast time
  • Broadcast duration
  • Broadcast title (for serial: indicate serial and episode title)
  • Work original title
  • AGICOA declaration or work number

How does AGICOA calculate remuneration?

The amount of remuneration depends from the overall amount that AGICOA collects in a given country. The specific calculation is itself based on non-discriminatory, objective criteria such as the duration of the work. A prime time retransmission of a work with a duration of sixty minutes in an important TV retransmission market like the Netherlands will yield a larger amount than in a smaller market like Slovenia. Also a retransmission during prime time will yield more than a retransmission at other time.

In which countries is AGICOA collecting royalties?

The AGICOA Alliance collects retransmission royalties in those countries where it has either concluded licensing agreements directly with local TV retransmission operators or through a local collecting society. AGICOA has focused on collecting retransmission royalties in main European markets, but is steadily developing its markets in other countries.

AGICOA cannot collect retransmission royalties in those countries where either the local law exempts the retransmission of TV programs from copyright (for instance U.K. for nationwide British TV channels) or where retransmission operators, despite AGICOA’s efforts and even legal actions, still refuse to pay royalties. Finally, AGICOA cannot collect retransmission royalties either in those countries where national legislation grants a monopoly to local collecting societies and prevents AGICOA from operating in this country.

Conflict

What is a conflict?

A conflict is born from overlapping rights. There is a rights overlap when two or more rightsholders declare rights for:

  • the same channels or
  • the same language versions or
  • the same territories

on the same period of rights and validity.

If the sum of all claimed percentages, for all rightsholders, is larger than 100%, a conflict appears.

If the conflict persists at the time of payment, AGICOA blocks related remuneration. Money is released when the conflicting Rightsholders update their rights declaration and thus settle the conflict. However, if the conflict lasts, AGICOA's Legal and Business department may decide to initiate a "Conflict Resolution Procedure". This procedure aims at helping the conflicting parties to settle the conflict. You will be specifically and officially informed of the launching of such a procedure.

How can I be in conflict with another company on a work for which I have all rights?

It can simply be that the counterpart(s) declared the related rights by mistake or forgot to update his/her rights. Or it may also be that you do not have all the rights.

What is the conflict resolution procedure?

If a(some) conflict(s) persist(s) at the time of payment, AGICOA's Legal and Business department or the Rightsholder can propose a managed and phased "Conflict Resolution Procedure". You will be specifically and officially informed of the launching of such a procedure.

The procedure aims at:

  • providing the conflicting parties with a better service on how to settle their conflicts;
  • distributing the amounts of royalties blocked by conflicts.

Main features of the conflict resolution procedure:

  • AGICOA will provide assistance to conflicting parties to resolve the conflicts;
  • AGICOA will encourage the parties to communicate and to substantiate the grounds of their claims;
  • A party which is not prepared to participate in the conflict resolution process and not willing to substantiate its claims will be deemed to have withdrawn its claim;
  • AGICOA will make a recommendation to the parties on how to resolve the conflicts;
  • If the parties do not, within a specific deadline, accept AGICOA's recommendation, AGICOA will be free to distribute the blocked money unless parties start legal proceeding or formal arbitration proceedings.

In which cases is the AGICOA conflict resolution procedure launched?

For new conflicts (those which occurred after the new conflict resolution procedure had been introduced in January 2003), the procedure is launched if and when the work has been broadcast and a substantial amount of royalties has been generated by this broadcast. For older conflicts, the AGICOA conflict resolution procedure will be launched on a case by case basis, starting with the most important conflicts accumulated in the past.

Terminology

What is a Rightsholder?

Any independent producer or his/her assignee owning cable or similar retransmission means' rights on audiovisual works. He/she can be a natural person or a legal entity.

What is the difference between period of validity and period of rights?

  • Period of rights: period during which a Rightsholder holds the related rights;
  • Period of validity: period during which a Rightsholder is entitled to receive a payment.

A Rightsholder is entitled to payments for a broadcast when 1) the work was retransmitted during his declared period of rights and 2) if the allocation process is launched within his declared period of validity.

What is in the AGICOA repertoire?

As a general rule, AGICOA's repertoire covers:

    • all audiovisual works considered as being produced by an independent producer. Are usually excluded audiovisual works produced by the retransmitted broadcaster, news programs, live retransmission of sports and other events, infomercials and commercials;
    • with a duration of at least one minute.

    What do secondary rights mean?

    Secondary rights are linked to rights on copyrighted work’s “second” use that occurs simultaneously or after the initial TV broadcasting of the work.

    Cable retransmission falls within this category as the retransmission of a film made by a cable TV operator is the "second" use of the film that occurs after or simultaneously with the initial TV broadcasting of the work that is made by the TV broadcasting organization.

    Private copy levy and educational copying rights are other examples of secondary use.

    What does TV retransmission mean?

    TV retransmission is the simultaneous, unabridged and unaltered distribution of your film made by a TV retransmission operator.

    The TV retransmission operator can distribute your film to its subscribers through satellite, through terrestrial waves or through cable including the internet. According to the technology used by the TV retransmission operator we talk of "satellite platforms", "digital terrestrial platforms", "cable TV operators", "ADSL" or "IPTV" operators and "internet platforms”. However, in all these cases there is retransmission in the legal sense regardless of the technology used.

    In order to be considered as "TV retransmission" the distribution of your film has to be made by a TV retransmission operator.

    A TV retransmission operator is a company that is different from the TV broadcasting organization. While the TV broadcasting organization "composes" or packages its TV programs by using your film for the first time, the TV retransmission operator distributes your film contained in the TV programs to its subscribers in return of their subscription fees and therefore uses your film for the second time. While you receive remuneration for the first use of your film directly from the TV broadcasting organization you receive the remuneration for the second use of your film by the TV retransmission operator through AGICOA.

    There is TV retransmission regardless of whether the TV broadcasting organization encrypts its TV program or whether it distributes its TV program exclusively and directly to the various TV retransmission operators.

    What does first distribution mean?

    In general during the year following the broadcast, the collected funds are distributed to the Rightsholders, for the territory and period concerned.

    What does final distribution mean?

    Usually, three years after first distribution, the unclaimed funds are distributed on a pro rata basis to the Rightsholders who have already been paid in the past, for the territory and period concerned. From then on, there is no possibility to claim payment for that territory and period. Nevertheless, related money blocked due to pending conflicts will be distributed after conflict resolution.

    What is a conflict?

    A conflict is born from overlapping rights. There is a rights overlap when two or more rightsholders declare rights for:

    • the same channels or
    • the same language versions or
    • the same territories
    on the same period of rights and validity.

    If the sum of all claimed percentages, for all rightsholders, is larger than 100%, a conflict appears.

    If the conflict persists at the time of payment, AGICOA blocks related remuneration. Money is released when the conflicting Rightsholders update their rights declaration and thus settle the conflict. However, if the conflict lasts, AGICOA's Legal and Business department may decide to initiate a "Conflict Resolution Procedure". This procedure aims at helping the conflicting parties to settle the conflict. You will be specifically and officially informed of the launching of such a procedure.