Repertoire

Below is a detailed description of the repertoire managed by AIE and its deriving rights:

AIE Repertoire for Public Communication of Phonograms

DEFINITION OF AIE REPERTOIRE ON THE REMUNERATION FOR PUBLIC COMMUNICATION OF PUBLISHED PHONOGRAMS FOR COMMERCIAL PURPOSES OR REPRODUCTIONS THEREOF OWNED BY PERFORMERS OR EXECUTANTS OF MUSIC REGULATED IN ARTS. 108.4 AND 116.2 OF TRLPI (CONSOLIDATED TEXT OF THE LAW ON INTELLECTUAL PROPERTY).

General criteria.

In general terms, pursuant to Article 108.4 of TRLPI, AIE repertoire contains all musical performances and interpretations of performers or executants protected in Spain, fixed in published phonograms for commercial purposes or reproductions thereof subject to public communication. Any individual interpreting or performing any form of musical work (with or without text or lyrics) and/or musical piece from any other musical work, or any expression of folklore, and, in general terms, any individual performing a musical interpretation or performance shall be understood as a performer or executant artist. The conductor of the orchestra is considered a performer or executant artist for all relevant purposes.

Subjective delimitation of AIE repertoire.

Therefore, AIE repertoire subjectively covers all musical interpretations or performances fixed in published phonograms for commercial purposes or reproductions thereof subject to public communication and corresponding to any of the following cases:

To music performers of Spanish nationality.
To music performers who are citizens of other Member States of the European Union.
To music performers who are citizens of third countries and reside in Spain.
To music performers who are citizens of third countries and whose fixed performance or interpretation in a published phonogram for commercial purposes or reproductions thereof subject to public communication has been recorded in Spain.
To music performers who are citizens of third countries and whose fixed performance or interpretation in a published phonogram for commercial purposes or reproductions thereof subject to public communication has been recorded in a phonogram or audio visual release protected in Spain pursuant to the provisions of TRLPI.
To music performers who are citizens of third countries and whose fixed performance or interpretation in a published phonogram for commercial purposes or reproductions thereof subject to public communication has been used in a broadcasting radio station protected in Spain pursuant to the provisions of TRLPI.
To music performers who are citizens of third countries and obtain protection by virtue of the international agreements and treaties to which Spain is signatory.
To music performers who are citizens of third countries and, in the absence of protection under the application of those international agreements and treaties to which Spain is signatory, equate music performers of Spanish nationality to their own national performers.

III. Objective delimitation of AIE repertoire

Objectively, AIE repertoire comprises all fixations in published phonograms for commercial purposes, or reproductions thereof, of musical interpretations and performances protected under Article 164 of TRLPI and subject to any act of public communication different from the ‘making available’ to the public as defined under Article 108.1 b) of TRLPI.

The following are expressly excluded from the objective scope of AIE repertoire regarding the remuneration for public communication of published phonograms for commercial purposes or reproductions thereof as provided under Articles 108.4 and 116.3 of TRLPI:

Fixations of musical interpretations or performances by music performers who are not protected in Spain.
Radio broadcasting and public communication of musical interpretations or performances which are not fixed in any published phonogram for commercial purposes or reproductions thereof, including those cases in which the performance or interpretation is broadcasted.
Radio broadcasting and public communication of musical interpretations or performances fixed in any audio visual recording which have not been incorporated into any published phonogram for commercial purposes or reproductions thereof.
Musical interpretations and performances fixed in phonograms and/or audio visual recordings whose protection term has expired in accordance with the legislation applicable at any time in Spain.
Non-musical interpretations and performances fixed in published phonograms for commercial purposes or reproductions thereof, such as the phonographic fixation of the interpretation or performance of literary works, collected letters, speeches, addresses, conferences, forensic reports, academic explanations and any other works of the same nature.

By way of example, AIE repertoire comprises the following musical interpretations or performances fixed in phonograms subject to public communication:

Those of music performers who are citizens of third countries and whose fixed interpretation or performance in a phonogram has been recorded in Spain.
Those of music performers who are citizens of third countries and whose interpretation or performance has been fixed in a phonogram produced by a Spanish citizen, or by a citizen of any other Member State of the European Union, or by a company based in Spain or in any other Member State of the European Union.
Those of music performers who are citizens of third countries and whose interpretation or performance has been fixed in a phonogram published for the first time in Spain, or within thirty (30) days following its publication abroad.

AIE Repertoire for Public Communication of Audiovisual Recordings

DEFINITION OF AIE REPERTOIRE ON THE REMUNERATION FOR PUBLIC COMMUNICATION OF AUDIOVISUAL RECORDINGS REGULATED IN ART. 108.5.2º OF TRLPI.

I. General criteria.

In general terms, pursuant to Article 108.5.2º of TRLPI, AIE repertoire contains all musical performances and interpretations of performers or executants protected in Spain fixed in any audio visual recording subject to public communication. Any individual interpreting or performing any form of musical work (with or without text or lyrics) and/or musical piece from any other musical work, or any expression of folklore, and, in general terms, any individual performing a musical interpretation or performance shall be understood as a performer or executant artist. The conductor of the orchestra is considered a performer or executant artist for all relevant purposes.

II. Subjective delimitation of AIE repertoire.

Subjectively, AIE repertoire comprises the musical interpretations and performances of natural persons included in the definition of music performers or executant artists provided in the previous paragraph. Non-musical interpretations and performances of music performers or executants in the audio visual field, such as actors, voice actors, dancers and scene directors, are excluded from AIE’s subjective scope of management.

Therefore, AIE repertoire subjectively covers all musical interpretations or performances fixed in audio visual recordings subject to public communication and corresponding to any of the following cases:

To music performers of Spanish nationality.
To music performers who are citizens of other Member States of the European Union.
To music performers who are citizens of third countries and reside in Spain.
To music performers who are citizens of third countries and whose fixed performance or interpretation in any audio visual recording subject to public communication has been incorporated into a broadcasting station protected in Spain under TRLPI.
To music performers who are citizens of third countries and obtain protection by virtue of the international agreements and treaties to which Spain is signatory.
To music performers who are citizens of third countries and, in the absence of protection under the application of those international agreements and treaties to which Spain is signatory, equate music performers of Spanish nationality to their own national performers.

III. Objective delimitation of AIE repertoire.

Objectively, AIE repertoire comprises all fixations in any audio visual recording of musical interpretations and performances protected under Article 164 of TRLPI and subject to any act of public communication different from those defined under Article 108.5.1º of TRLPI and from the ‘making available’ to the public as defined under Article 108.1 b) of TRLPI. AIE repertoire also comprises all fixations in any audio visual recording of musical interpretations and performances protected in accordance with the provisions of Article 165 of TRLPI.

By way of example, AIE repertoire comprises the following musical interpretations or performances fixed in any audio visual recording subject to public communication:

Those of music performers who are citizens of third countries and whose fixed interpretation or performance in any audio visual release has been recorded in Spain.
Those of music performers who are citizens of third countries and whose interpretation or performance has been fixed in a phonogram or audio visual release produced by a Spanish citizen, or by a citizen of any other Member State of the European Union, or by a company based in Spain or in any other Member State of the European Union.
Those of music performers who are citizens of third countries and whose interpretation or performance has been fixed in a phonogram or audio visual release published for the first time in Spain, or within thirty (30) days following its publication abroad.

IV. Systematic delimitation of AIE repertoire

From a positive perspective, by way of example and without limitation, the most common types of audio visual recordings consisting of musical interpretations or performances and included in AIE repertoire are the following:

Spanish productions or productions from any other Member State of the European Union, as well as audio visual works produced by companies based in Spain or in any other Member State of the European Union, regardless of the nationality or residence of the music performers intervening in such productions.
Co-productions with the participation of Spanish companies or companies from any other Member State of the European Union, of companies based in Spain or in any other Member State of the European Union, regardless of the nationality or residence of the music performers intervening in such productions.
Productions of third countries published for the first time in Spain, or within thirty (30) days following its publication abroad, regardless of the nationality or residence of the music performers intervening in such productions.
Productions of third countries incorporating musical interpretations or performances by music performers included within the subjective delimitation of AIE repertoire defined in the previous paragraph.
Productions of third countries protected in Spain by virtue of the international agreements and treaties to which Spain is signatory or, in the absence of these, by virtue of the application of the reciprocity principle in relation with the protection of Spanish producers in those countries.

From a negative perspective, by way of example and without limitation, and in the field of television broadcasting, the most common types of television broadcasts which do not consist of musical interpretations or performances included in AIE repertoire are the following:

Live broadcasts of any kind of event, performance or celebration in which the musical interpretations or performances used are not fixed in a release, or derive from the use of phonogram releases which have not been incorporated into any audio visual recording.
Quiz and game shows, as well as all programs involving the participation of the public, broadcasted live or which do not contain any fixation of any musical interpretation or performance protected by AIE.

Continuity broadcasts (self-promotion, advertiser-funded programming, test card, TV broadcast cut-off, regional TV programming, broadcast transitions between TV programs) which do not include any musical interpretation or performance fixed, directly or indirectly, in any audio visual recording protected by AIE.

Dissemination TV programs, documentaries and educational TV programs (including language teaching programs) which do not include any musical interpretation or performance fixed, directly or indirectly, in any audio visual recording protected by AIE.

News programs (official communications, electoral communications, statements and communications of social and political groups, information, news, opinion and talk shows, broadcasting of institutional events and current affairs reports) which do not include any musical interpretation or performance fixed, directly or indirectly, in any audio visual recording protected by AIE.

Religious TV programs, sports competitions, bullfighting shows, interviews, surveys, talk shows, discussions and debates which do not include any musical interpretation or performance fixed, directly or indirectly, in any audio visual recording protected by AIE.

Children’s TV programs which do not include any musical interpretation or performance fixed, directly or indirectly, in any audio visual recording protected by AIE.

Entertainment TV programs which do not include any musical interpretation or performance fixed, directly or indirectly, in any audio visual recording protected by AIE.

AIE Repertoire for ‘Making Available’

DEFINITION OF AIE REPERTOIRE ON THE REMUNERATION FOR ‘MAKING AVAILABLE’ OF PHONOGRAMS AND AUDIO VISUAL RECORDINGS (ART. 108.3 OF TRLPI).

I. General criteria

In general terms, pursuant to Article 108.3 of TRLPI, AIE repertoire contains all musical performances and interpretations of performers or executants protected in Spain, fixed in published phonograms and/or audio visual recordings subject to the ‘making available’ precept. Any individual interpreting or performing any form of musical work (with or without text or lyrics) and/or musical piece from any other musical work, or any expression of folklore, and, in general terms, any individual performing a musical interpretation or performance shall be understood as a performer or executant artist. The conductor of the orchestra is considered a performer or executant artist for all relevant purposes.

II. Subjective delimitation of AIE repertoire.

Therefore, AIE repertoire subjectively covers all musical interpretations or performances fixed in any phonogram and/or audio visual recording subject to ‘making available’ and corresponding to any of the following cases:

To music performers of Spanish nationality.
To music performers who are citizens of other Member States of the European Union.
To music performers who are citizens of third countries and reside in Spain.
To music performers who are citizens of third countries and whose fixed performance or interpretation in any audio visual recording subject to public communication or ‘making available’ has been incorporated into a broadcasting station protected in Spain under TRLPI.
To music performers who are citizens of third countries and obtain protection by virtue of the application of those international agreements and treaties to which Spain is signatory.
To music performers who are citizens of third countries and, in the absence of protection under the application of those international agreements and treaties to which Spain is signatory, equate music performers of Spanish nationality to their own national performers.

III. Objective delimitation of AIE repertoire.

Objectively, AIE repertoire comprises all fixations in any phonogram or audio visual recording of musical interpretations and performances protected under Article 164 of TRLPI and subject to any act of ‘making available’ to the public as defined under Article 108.1 b) of TRLPI pursuant to the provisions of Article 20.2. i). AIE repertoire also comprises all fixations in any phonogram and/or audio visual recording of musical interpretations and performances protected in accordance with the provisions of Article 165 of TRLPI.