General regulation – Article 5 – Collection, distribution and payment of rights managed by the society

5.1 – Remuneration of rights managed collectively by the society, pursuant to its stated purpose, is collected by the society from users or taxable persons, directly or through other companies or collective management bodies to which it has entrusted a collection mandate or with which it has concluded a representation agreement.

5.2 – For the associations referred to in Article 24.2 of the Statutes, the reduction granted to them may be greater than 5%, but may not exceed 10%.

5.3 – The distribution of the remuneration managed by the society is made among the holders of the rights which it represents, after deductions as defined in Article 13 of the Statutes. The allocation to the credit of the rightholders individual account shall take place no later than nine months from the end of the financial year during which the sums to be distributed to the rightholders which the society represents were received, unless the society was able to distribute them for legitimate reasons, including the lack of information enabling the identification or location of said rightholders.

5.4. – The calculation of the distributions allows the attribution of the remunerations generated by the uses of the fixations of the eligible artistic performances to the rightholders which the society represents, in accordance with the particular or collective agreements, collective decisions of the associates, decrees, laws, national or international conventions in force.

5.5 – The distribution is carried out on the basis of information relating to the use of the fixations of artistic performances eligible for remuneration, provided by the user or the rightholder concerned, and failing this, by sampling or by analogy for the modes of exploitation for which it is materially impossible to recover exploitable data, or for which the processing of the information referred to above would entail disproportionate costs.

5.6 – If the rules and procedures for distribution by categories of rights, types of use of the performances and between the rightholders which the society represents over said performances are not defined therein, they are set under the conditions provided for in the Statutes and the General Regulation in accordance with the general distribution policy decided by the General Assembly, in particular by amount of remuneration received and taken into account in the corresponding distribution of rights, the number of fixations of eligible artistic performances or reproduced in this distribution and the duration of the broadcast. They are published on the society’s website and updated after each change validated by the society’s competent body.

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