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Frequently asked questions

 

About AGICOA

Rightsholder

AGICOA regulations

Declarations of works

Remunerations                                                                                                                                                     

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, especially in the area of cable TV and similar retransmission means, to collect and to distribute the payments of royalties to the producers of audiovisual works and/or their Rightsholders.

  • Does AGICOA remunerate cable retransmission in all countries? - The AGICOA Group collects cable retransmission royalties in those countries where it has either concluded licensing agreements directly with local cable operators or through a local collecting society. AGICOA has focused on collecting cable royalties in the main cable markets in Europe but is steadily developing its markets in other countries.

    AGICOA cannot collect cable royalties in those countries where either the local law exempts the cable retransmission of TV programs from copyright (for instance U.K for nationwide British TV channels) or where cable operators, despite AGICOA’s efforts and even legal actions, still refuse to pay cable royalties.

  • Does AGICOA pay royalties other than for cable retransmissions? - AGICOA's core business today is linked to cable retransmission but it can operate for similar retransmission means provided it has been mandated by Rightsholders for the management of these rights.

    In a growing audiovisual world, AGICOA is also negotiating with satellite platform operators as they retransmit TV programs in a way similar to cable operators'.

  • How will AGICOA know my works have been retransmitted? - To help us identify your work when it has been retransmitted and to increase the probability of getting 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 22 340 34 32 - Internet: www.agicoa.org - 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.

AGICOA regulations                                                                                                                                          

Declaration of work

  • Definition of a work - Audiovisual work: Any work 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.

  • How can I declare my works? - AGICOA has developed for your convenience three declaration modes. You may select the most appropriate to your environment and needs.
    • IRRIS: Online services to declare, update and/or query your works and rights as well as to look at your related remunerations.
    • 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 forms: Paper declaration forms that you will fill in, print and send back to AGICOA.

    Assess your need: AGICOA wishes to help you choose the most appropriate declaration mode. Let's assess together what is best for you.

Remunerations                                                                                                                                                     

  • 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 acts on behalf of producers and claims royalties from cable operators for the retransmission of works broadcast on a given TV channel, provided the TV channel does not acquire systematically cable retransmission rights directly from producers (typical situation with Pay TV channels). In other words AGICOA gets cable retransmission royalties in those cases when producers have not already sold the cable retransmission rights.

  • How will AGICOA know my works have been retransmitted? - To help us identify your work when it has been retransmitted and to increase the probability of getting 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.

  • How are royalties collected? - The AGICOA Group collects cable retransmission royalties in those countries where it has either concluded licensing agreements directly with local cable 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 funds collected 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 is based on non-discriminatory, objective criteria such as the duration of the work.

  • Can I check my remunerations online? - Absolutely, this is possible directly from your desk through IRRIS, the online services.
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  • Why do I sometimes have to wait to get paid on broadcasts of some years ago? - There may be various reasons. It could be that royalties may not have been paid by cable 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. It can also happen that the payment had been blocked as a result of a conflict, because several Rightsholders declared the same rights on the same work inducing a total of rights declared higher than 100%.

  • Does AGICOA pay royalties other than for cable retransmissions? - AGICOA's core business today is linked to cable retransmission but it can operate for similar retransmission means provided it has been mandated by Rightsholders for the management of these rights.

    In a growing audiovisual world, AGICOA is also negotiating with satellite platform operators as they retransmit TV programs in a way similar to cable operators'.

  • 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) the payment occurs during his declared period of validity.

  • What does first distribution mean? - The year following the broadcast, the funds collected are distributed to the Rightsholders, for the territory and period concerned.
  • What does final distribution mean? - Three years after first distribution, the funds not claimed 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 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 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 remunerations? - The amount you will get is based on non-discriminatory, objective criteria such as the duration of the work.

  • Does AGICOA remunerate cable retransmission in all countries? - The AGICOA Group collects cable retransmission royalties in those countries where it has either concluded licensing agreements directly with local cable operators or through a local collecting society. AGICOA has focused on collecting cable royalties in the main cable markets in Europe but is steadily developing its markets in other countries.

    AGICOA can not collect cable royalties in those countries where either the local law exempts the cable retransmission of TV programs from copyright (for instance U.K for nationwide British TV channels) or where cable operators, despite AGICOA’s efforts and even legal actions, still refuse to pay cable royalties.

Conflict                                                                                                                                                                         

  • What is a conflict? - A conflict occurs when several Rightsholders declared the same rights on the same work inducing a total of rights declared higher than 100%. It is a flag, a warning to inform a Rightsholder that his/her declaration of rights is in conflict. If the conflict persists at the time of payment, AGICOA blocks related remunerations. Money is released when the conflicting Rightsholders update their rights declaration and thus settle the conflict. However if the conflict lasts, AGICOA 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 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.

  • What is the conflict resolution procedure? - If a(some) conflict(s) persist(s) at the time of payment, AGICOA Legal and Business department may decide to initiate a "Conflict Resolution Procedure". You will be specifically and officially informed of the launching of such 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.
  • How is launched the AGICOA conflict resolution procedure? - 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.

  • What is the difference between what AGICOA calls a conflict and the procedure of conflict resolution? - A work can be flagged as being "in conflict" meaning that several rightsholders declared the same rights on the same work inducing a total of rights declared higher than 100%. If the conflict continues at the time of payment, AGICOA blocks related remunerations. Once you are aware of this flag, it is to your advantage to clarify the situation. The procedure of conflict resolution is a formal procedure launched by AGICOA Legal and Business department as a means to settle the conflict when parties have not solved it, thus blocking the distribution of the related remuneration.

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) the payment occurs during his declared period of validity.

  • What does first distribution mean? - The year following the broadcast, the funds collected are distributed to the Rightsholders, for the territory and period concerned.
  • What does final distribution mean? - Three years after first distribution, the funds not claimed 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 resolution.

  • What is a conflict? - A conflict occurs when several Rightsholders declared the same rights on the same work inducing a total of rights declared higher than 100%. It is a flag, a warning to inform a Rightsholder that his/her declaration of rights is in conflict. If the conflict persists at the time of payment, AGICOA blocks related remunerations. Money is released when the conflicting Rightsholders update their rights declaration and thus settle the conflict. However if the conflict lasts, AGICOA 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 procedure.

  • What is it you call adjustments for previous years? - It could happen that in previous years part of your remunerations could not be paid to you because the related work was in conflict resulting in money blockage. It may also be that the total royalties due to you remained below the threshold of 60 EURO that is the minimum for payment. Another reason may be that you declared your work after the first distribution.

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