Law 23/2011, From 29 December, By Which The Collective Management Of Copyright And Neighboring Rights In The Principality Of Andorra

Original Language Title: Llei 23/2011, del 29 de desembre, per la qual es constitueix la Societat de Gestió Col·lectiva de Drets d’Autor i Drets Veïns del Principat d’Andorra

Read the untranslated law here: https://www.bopa.ad/bopa/024003/Pagines/7463A.aspx

Law 23/2011, from 29 December, by which the Collective management of copyright and neighboring rights in the Principality of Andorra since the General Council in its session of December 29, 2011 has approved the following: law 23/2011, from 29 December, by which the Collective management of copyright and neighboring rights in the Principality of Andorra preamble the society of Collective management of copyright and neighboring rights in the Principality of Andorra (hereinafter SDADV) was created by virtue of article 34 of the law on copyright and neighboring rights, of 10 June 1999, which requires the establishment by law of an entity of public law for the collective management of these rights.

The collective management of copyright and neighboring rights exists in the States of our region and in other States, such as the Principality of Andorra, are members of the world Organization of intellectual property. In addition, bearing in mind that, subsequent to the entry into force of the law on copyright and neighboring rights, of 10 June 1999, the Principality of Andorra became part of its legal system, legal instruments of international protection as the most important in the field, such as they are, on the one hand, the Berne Convention for the protection of literary and artistic works , of 9 September 1886, in force in the Principality of Andorra from June 2, 2004, and, on the other hand, the Rome Convention for the protection of performers, producers of Phonograms and broadcasting organisations of October 26, 1961, in force in the Principality of Andorra from May 25, 2004, it is necessary that it is established , in the Principality of Andorra, a system of collective management of copyright and neighboring rights.

The introduction of the collective management of copyright and neighboring rights in the Principality of Andorra shall entail the establishment of a modern national system of protection of these rights, then this is the most effective means to ensure the respect of the creative effort and economic investments made by the holders of these rights. However, the introduction of this system will contribute to the construction of a new economic sector to turn around these rights.

On the other hand, the collective management of rights of authors and neighboring rights have a crucial role in the dissemination of the product of the intellect and in the promotion of culture in general.

This law, which establishes the basic lines and principles of organisation and operation of the SDADV, is divided into fifteen articles, three transitional provisions, a repealing and two final provisions. The statutes of the SDADV included in this law as an annex.

Articles 1 to 7 of the law regulate the establishment and the nature of the SDADV, its legal system, its objectives, its exclusive character and other general issues.

Article 8 establishes the basic principles that should govern the membership of the SDADV, attributing the status of Member of the SDADV to all natural or legal persons of Andorran nationality, or foreign, legal residents or not in the Principality of Andorra, which prove to be the holders, derivative or original, of copyright and/or neighboring rights and responsibilities, the management of those rights to the SDADV.

Article 9 defines the organic structure of the SDADV, which features, as sovereign bodies, of a general Assembly and a Board of Directors. The General Assembly is the representative body of all the members of the SDADV. The Board of Directors is the organ of Government and representation of the SDADV.

Article 10 refers to the rights you have to manage the SDADV. In accordance with this article are subject to the exclusive economic rights of exploitation or management and neighbors who are its owners, the original or derivative, we infected under a management contract, in addition to compulsory collective management which are in accordance with the legislation in force, which the SDADV must manage with an imperative, and the rights of equitable remuneration or simple rewards that recognize the legislation.

In articles 11, 12 and 13 establish the basic provisions on the operation of the SDADV, to ensure the protection of the interests of right holders managed by the SDADV and the users of its repertoire. In the matter of rules of distribution of amounts collected from users for part of the SDADV, this law requires that the system be sure to right holders managed by the SDADV a proportional participation in fundraising for the exploitation of their rights on the part of users. On the other hand, given that this law establishes a legal monopoly of the collective management of copyright and neighboring rights in the Principality of Andorra, it contains the appropriate mechanisms to ensure the establishment of general rates of the SDADV corresponding to the economic values of the uses of his repertoire that you make, you have to foresee reductions for public administrations and organizations with cultural purposes educational and social, that are not for profit as for these purposes. Payment are exonerated non-profit activities undertaken by libraries, media libraries, play areas, audioteques and film libraries in the promotion of the dissemination and promotion of culture, provided that this is possible in accordance with the international agreements in the field of copyright and neighboring rights ratified by the Principality of Andorra.

In order to guarantee the proper fulfilment of its purposes, and given that it is an entity of public law, article 14 of this law submits budgets, accounting and recruitment on the part of the SDADV to the provisions of the current regulations in the area of finance, accounting and procurement.

In accordance with the required by the law on copyright and neighboring rights, of 10 June 1999, article 15 the SDADV in the guidance and supervision of the Government, in order to ensure the proper functioning of the established bodies, the correct collective management of copyright and neighboring rights in the Principality of Andorra, and the protection of the interests at stake both of the holders of the rights managed as users.

Finally, the first final provision modifies articles 7, 32 and 43 of the law on copyright and neighboring rights, of 10 June 1999, with the aim of eliminating the right to an equitable remuneration in the case of private reproduction for personal purposes, although respecting the provisions of the Berne Convention.

Article 1


Constitution and legal nature 1. Through this law, the Collective management of copyright and neighboring rights in the Principality of Andorra (SDADV).

2. The SDADV was created as an entity of public law of associative base, with legal personality and full capacity to act.

Article 2 legal status 1. The SDADV is governed by this law, by the law on copyright and neighboring rights, of 10 June 1999, and the laws that may complement and/or replace in the future, by international agreements in the field of copyright and neighboring rights ratified by the Principality of Andorra, by its statutes, and by their internal rules.

2. The SDADV also undergoes as an entity of public law, the provisions of the current regulations in the area of finance, accounting and public contracts, and any other regulations applicable to the entities of public law.

Article 3 Objectives 1. The main purpose of the SDADV is the management of patrimonial rights and neighbors provided in the legislation of the Principality of Andorra in the field, which include the right to exploit or exclusive economic rights according to the terminology used by the law on copyright and neighboring rights, of 10 June 1999, and the rights of equitable remuneration remuneration or simple. The SDADV are also the purposes established by its by-laws.

2. For the fulfilment of its purposes, the SDADV performs the following functions, as well as to establish its statutes: to) Grant authorizations to third parties for the performance of acts protected by the rights of exploitation or exclusive economic rights managed by the SDADV. In the development of this activity, the SDADV you can subscribe to General contracts with associations of users representative of each sector.

b) Raise quotas for the permissions mentioned in the letter a) and for the equitable remuneration or simple compensation for cases in which the legislation in the field of copyright and neighboring rights foresee this type of remuneration.

c) Deliver the amounts collected from users for part of the SDADV between the authors and other owners of copyright and neighboring rights involved.

d) take any legal action necessary for the protection and enforcement of the rights they administer.

e) Constitute a record of the subject of author's rights and neighboring rights managed by the SDADV, who make reference also to the authors and other owners of rights in relation to these, and issue certificates of ownership for certain treatment.

f) to perform any other action authorized, in accordance with article 36 of the law on copyright and neighboring rights, of 10 June 1999, by the authors and other owners of copyright and neighboring rights, or by their representatives, which will manage the exploitation rights or exclusive economic rights to equitable remuneration remuneration or simple.

g) carry out any other task appropriate to the fulfilment of their purposes that is not contrary to the legislation or the articles of Association of the SDADV.

Article 4 The Address SDADV has the address in the territory of the Principality of Andorra.

Article 5 territorial scope 1. The SDADV carries out its activity in the territory of the Principality of Andorra.

2. The SDADV can also extend its performance abroad, either through agreements with entities and organizations with similar purposes to its supranational, national or, either through their own agents, delegates or representatives.

Article 6 Duration The SDADV has an indefinite duration.

Article 7 The Exclusivity SDADV is the only entity of collective management of copyright and neighboring rights in the Principality of Andorra.

Article 8 members are members of the SDADV the natural or legal persons of Andorran nationality, or foreign, legal residents or not in the Principality of Andorra, which prove to be the holders, derivative or original, of copyright and/or neighboring rights and responsibilities, the management of those rights to the SDADV. In any case, can be members of the SDADV holders of rights acquired by acts inter alive or mortis causes.

The members of the SDADV, and the rights of which they are the holders, they can be represented in the SDADV for the third natural or legal persons of Andorran nationality, that designate these foreign legal residents or not, or in the Principality of Andorra.

Article 9 Governing The SDADV has the following bodies: 1. The General Assembly, composed of all members of the SDADV. The members, gathered in the General Assembly, decided by the procedures and for the statutory majorities set forth the issues of its competence.

The aspects relating to the exercise of the right to vote of the members of the SDADV in the General Assembly which are not set out in this Act or in the statutes of the SDADV, will take place in the rules of procedure inside the SDADV. In any case, in these internal rules establish the necessary mechanisms to eliminate incompatibilities between the members of the SDADV in the course of the voting and ensure a free management of influences of the users of the Repertoire managed by the SDADV.

It is the responsibility of the General Assembly to deliberate and decide on the following matters: a) approval, at the proposal of the Board of Directors, the annual accounting documents, in accordance with the provisions of the legislation in the field of finance and public accounting.

b) approval, at the proposal of the Board of Directors, of the preliminary draft budget for each financial year, in accordance with the provisions of the legislation in the area of public finances.


c) approval, at the proposal of the Board of Directors, internal policies to develop the rights and obligations of the members and any other aspect of the life of the SDADV. Excepts the approval of internal rules relating to the methods and the rules of distribution of quotas and the equitable remuneration remuneration or simple, that is to say of the amounts collected from users for part of the SDADV, and on other important aspects of the collective management which, according to article 36 of the law on copyright and neighboring rights , June 10, 1999, are of exclusive competence of the Board of Directors. Excepts also the approval of the internal rules relating to the establishment of a register of objects of copyright and neighboring rights managed by the SDADV, who make reference also to the authors and other owners of rights in relation to these, and the issuance of certificates of ownership for certain treatment, likewise of exclusive competence of the Board of Directors.

d) approval, at the proposal of the Board of Directors, the general rates of SDADV.

e) approve, on the proposal of the Board of Directors, of the modifications of the statutes of the SDADV, which later must be necessarily subjected to the approval of the General Council, in accordance with the provisions in the current regulations in the area of public finances.

f) appointing and removing of the representatives of the members of the SDADV on the Board of Directors.

g) confirmation of sanctions against members of the SDADV established by the Board of Directors.

h) any other matter determined by the legislation and/or the statutes of the SDADV.

2. The Board of Directors, made up of members of the SDADV and members of the Government as set forth in the statutes of the SDADV, which has full powers in matters of administration and representation of the SDADV. The members of the Board of Directors decided by the procedures and for the statutory majorities set forth the issues of its competence.

It is the competence of the Board of Directors to deliberate and decide on the following matters: a) preparation and submission to the General Assembly, for its approval, of the annual accounting documents of the SDADV, in accordance with the provisions of the legislation in the field of finance and public accounting.

b) preparation and submission to the General Assembly, for its approval, the draft budgets of the SDADV for each financial year, in accordance with the provisions of the legislation in the area of public finances.

c) preparation and approval of the internal rules relating to the methods and the rules of distribution of quotas and the equitable remuneration remuneration or simple, that is to say of the amounts collected from users for part of the SDADV, and on other aspects of collective management, in accordance with article 36 of the law on copyright and neighboring rights , June 10, 1999, are of exclusive competence of the Board of Directors.

d) preparation and approval of the internal rules relating to the establishment of a register of objects of copyright and neighboring rights managed by the SDADV, who make reference also to the authors and other owners of rights in relation to these, and the issuance of certificates of ownership for certain treatment.

e) preparation and presentation to the General Assembly, for its approval, of the internal rules other than those referred to in the two previous sections.

f) establishment and presentation to the General Assembly, for its approval, of the general rates of SDADV.

g) Establishment and approval of contributions of the members and of the fees for Administration and fundraising or other of SDADV.

h) approval of models of management contracts, and other types, you have to subscribe to the members of the SDADV.

and approval of the general contract models) with associations of users.

j) Approval of the agreements of all kinds, including reciprocal representation to the representation in the Principality of Andorra of repertoires, and logistic support at the national level and/or international entities and organizations with similar purposes to their national or supranational, either.

k) appointment and cessation of the director of the SDADV, in the event that the Board of Directors deems appropriate to have this body.

the Elimination of the president, the Vice President and Designation), the Secretary and, if applicable, the Assistant Secretary of the SDADV.

m) contract staff, works, supplies and services in connection with the SDADV, respecting in any case the provisions of the current regulations in the area of finance and public procurement.

n) Arrange the admission and low of SDADV.

o) elaboration and proposal to the General Assembly, for its approval, modifications of the statutes of the SDADV, which later must be necessarily subjected to the approval of the General Council, in accordance with the provisions in the current regulations in the area of public finances.

p) SDADV management, pricing guidelines and control of financial investments, management of your patrimony, and the disposal of their property and rights, as long as it is not reserved by law or the statutes of the SDADV to the General Assembly, and with respect to the provisions of the legislation in the area of public finance and under the guidance and supervision of certain acts on the part of the Government as set forth in this law.

q) to carry out all kinds of events and sign up all types of contracts relating to the Administration, the acquisition, disposal and encumbrance of any right or the right of the SDADV, including the request for loans or credits, the opening of accounts and the provision of guarantees, provided in accordance with the provisions of the legislation in the area of public finance and under the guidance and supervision of certain acts on the part of the Government as set forth in this law.

r) exercise, with the maximum amplitude, of the legal representation of the SDADV, in court and out of this, and empowerment to third parties, including attorneys and lawyers.

s) appointment and cessation of legal representatives and officers of the SDADV, with the powers that be agree, including cases in which the SDADV to reach contracts with individuals or legal entities to provide logistic support to the Administration and management of the rights.


t) in general, all kinds of events or legal business that, at its discretion, may be necessary or convenient for the development of the aims of the SDADV, as long as they are not contrary to the legal system that is applicable.

u) Exercise any other right that entrusted by the General Assembly.

v) decide on any other issue that you assigned to the current legislation and/or the statutes of the SDADV.

3. The president and the Vice President, who convened and presided over the meetings of the General Assembly and the Board of Directors, and perform any other function be entrusted to fingers or bodies by statutes of the SDADV.

4. The Secretary and, if applicable, the Undersecretary, who draw up the minutes of the meetings of the General Assembly and the Board of Directors, keep the documentation of the SDADV, and perform any other function be entrusted to fingers or bodies by statutes of the SDADV.

5. The director, in his case, who runs the the General Assembly and the Board of Directors under the instructions and the supervision of the president of the fingers organs, and performs any other function that is entrusted by the fingers or bodies by statutes of the SDADV.

6. Any other body determined by the statutes of the SDADV.

Article 10 Rights managed 1. The SDADV manages the exploitation rights or exclusive economic rights of author and residents established in the legislation of the Principality of Andorra in the field that may be freely assigned by their holders, derivative or original, in virtue of the corresponding management contracts.

2. The SDADV manages, in any case, the cable broadcast rights and any other right of compulsory collective management as established by the legislation on copyright and neighboring rights in the Principality of Andorra, as well as the rights of equitable remuneration or simple pay recognized by the legislation on copyright and neighboring rights in the Principality of Andorra.

Article 11 Obligations towards the holders of rights managed 1. The SDADV is obliged to accept the management of copyright and neighboring rights of the holders of rights that request, provided that, with regard to non-compulsory collective management rights or equitable remuneration remuneration or simple, it is a question of rights in relation to which the SDADV n offer the collective management.

2. The management contract that the SDADV subscribe with the holders of the rights cannot be set as mandatory for the management of all types of exploitation, nor all of its present or future repertoire, except in the case of compulsory collective management rights.

3. The duration of the management contracts may not exceed five years, without prejudice to the regimes of extensions, express or tacit, which may be agreed with the rights holders.

4. The SDADV should make the cast, among the owners of copyright and neighboring rights, of the amounts collected by it in its management of the rights referred to in article 10 of this law. The SDADV must be made this cast in accordance with a system that excludes the arbitrariness and ensure holders a stake in the collection relative to the exploitation of their rights by the users of the Repertoire of services that are the subject of copyright and neighboring rights represented by the SDADV.

Article 12 Obligations in relation to users are obligations of the SDADV in relation with the users of rights managed: a) enter into contracts with users of the Repertoire of services that are the subject of copyright and neighboring rights represented by the SDADV, except for justified reasons, the granting of non-exclusive authorizations of the rights managed, by the economic value of the uses made.

b) Proposed general rates, corresponding to the economic values for uses that are carried out, for the use of their repertoire, which should foresee reductions to the public administrations and the organizations cultural, educational and social purposes that are not for profit as for these purposes.

c payment exonerated) are non-profit making activities carried out by libraries, media libraries, play areas, audioteques and film libraries in the promotion of the dissemination and promotion of culture, provided that this is possible in accordance with the international agreements in the field of copyright and neighboring rights ratified by the Principality of Andorra.

Article 13 establishment of general fees and delivery rules 1. General rates the establishes the Board of Directors of the SDADV, which subject to the approval of the General Assembly, all in accordance with the procedures and the majorities set forth in the statutes of the SDADV.

2. The decisions on the methods and the rules of distribution of amounts collected by the SDADV are taken by the Board of Directors, as required by article 36 of the law on copyright and neighboring rights, of 10 June 1999, in accordance with the procedure and the majorities set forth in the statutes of the SDADV.

Article 14 accounting and budgets 1. The SDADV has to take an ordered, appropriate to its activities, in accordance with the provisions of the public finance and accounting regulations in force.

2. The SDADV shall submit annually to the Ministry of finance headline a draft budget for the following financial year, within the period applicable according to the regulations on the subject of public finance in place.

3. The SDADV is subject to the various forms of budgetary control established in the regulations on the subject of public finance in place.

Article 15 Supervision and monitoring 1. The Government exercises the guardianship of the SDADV, and also supervises and controls its activity and the fulfilment on the part of the SDADV of the current legislation and its statutes.

2. In order to exercise these functions, the Government can: a) to ask the SDADV all kinds of information about its operation and its activities, including copies of the documents indicated in article 38 of the law on copyright and neighboring rights, of 10 June 1999.

b) Assume all the legal powers and the statutory General Assembly and/or the Board of Directors for as long as is necessary in cases of paralysis of the social organs they disable the operation of the judicial or administrative intervention or SDADV.

c) Ordered inspections and audits in the SDADV.

3. The SDADV must obtain prior authorization from the Government by: a) to change your address.

b) acquire, alienate or record stakes in commercial companies or civil.


c) Alienate or record goods, furniture or buildings, that are part of the heritage of the SDADV that are directly linked to the fulfilment of its purposes or represent a value higher than twenty percent of the assets of the SDADV resulting from the last annual balance sheet.

4. The SDADV shall inform the Government about: a) the appointments and departures of its administrators and its proxies.

b) General contracts signed with associations of users.

c bilateral or multilateral contract) all signed with foreign collective management entities, and with any other national or supranational organization related to the collective management and the protection of authors ' rights and neighboring rights.

d) The contracts intend to subscribe subject to the rules governing public procurement.

e) the settlement of contracts referred to in the previous paragraph).

f) the activities carried out in relation to its purpose of fostering the creation and promotion of culture.

g) the activities carried out in relation to the conservation and dissemination of the cultural heritage of the Principality of Andorra, jointly and in coordination with other organizations that have this purpose, and the purpose of copyright and neighboring rights of the catalogue that runs SDADV.

h) its operation and other activities in general.

First transitional provision 1. Within a maximum period of six months from the entry into force of this law, the Government shall summon the first General Assembly of the SDADV.

2. Have the right of attendance at the first General Assembly of the SDADV the natural or legal persons of Andorran nationality, or foreign, legal residents or not in the Principality of Andorra, which meet the following conditions: a) Prove to be owners of copyright and/or neighboring rights, the original or derivative, in accordance with the procedures and providing the documentation required by the Government. In any case, it will allow holders of rights acquired by acts inter alive or mortis causes. The accreditation of being owner, native or derivatiu, of copyright and/or neighbors will take place with the presentation of the documentation required by the Government.

The said holders of copyright and/or neighboring rights, and their rights may be represented by the third natural or legal persons are Andorran nationals or foreign that designate, legal residents or not in the Principality of Andorra. The representation must be conferred in writing as required by the Government.

b the relevant request) to present to the Government within the period and in accordance with the procedure established by the Government in the call of the General Assembly.

c) Subscribe a commitment of management mandate with the SDADV according to the model that the Government determines.

3. The first General Assembly of the SDADV will adopt its resolutions in accordance with the procedures and the majorities set forth in the statutes of the SDADV.

4. In the first General Assembly of the SDADV it will nominate the representatives of members who will form the first Board of Directors of the SDADV, in accordance with the procedures and the established statutory majorities.

Second transitional provision until you create the Arbitration Commission of the Copyright Office, the mediation and arbitration tasks assigned to this Arbitration Commission by the law on copyright and neighboring rights, of 10 June 1999, will be exercised by the Government.

Third transitional provision from the entry into operation of the SDADV, according to the first transitional provision, all current contracts of mandate for the management of the economic rights of the author and/or neighbors, through which the holders of these rights were its management to other organizations or entities of public law or private law entities, of the Principality of Andorra must be rescindits within a maximum period of one year with the aim of formalising the relevant contracts of mandate of management with the SDADV at the time when the SDADV manage the kind of economic rights of the author and/or neighbours concerned in each case. In any case, the right holders may choose to manage directly their rights.

While the contracts of mandate of management with the SDADV cannot be complete and the SDADV did not manage the kind of economic rights of the author and/or residents in question, the rights are managed directly by its owners.

In the event that the rescissions of contracts referred to in the first paragraph of this transitional provision do not occur, these contracts will be considered disabled to be contrary to the provisions of article 7 of this law, which gives the SDADV the exclusivity as a collective management of copyright and neighboring rights in the Principality of Andorra. In these cases, it is considered that the rights are managed directly by its owners.

Repealing provision abolishes all provisions of equal or lower rank, previous to this law, in that they are contrary.

First final provision amending articles 7, 32 and 43 of the law on copyright and neighboring rights, of 10 June 1999, which are written as follows: Article 7 private Reproduction for personal purposes 1. The private reproduction in a single copy of a published work which has been accessed legally, in which the reproduction is made by a natural person exclusively for his own private and personal use, including such use within the normal circle of family and its social acquaintances, is permitted without the authorization of the author or any other owner of copyright in the work.

2. The permit referred to in paragraph 1) of this article does not extend to reproduction: a) a work of architecture in the form of a building or other construction;

b) when the reproduction is a reprographic a whole book, or of a substantial part of this, or a musical work in graphic form;

c) of a computer program, except that articles 12 and 13;

d) an electronic database, except that the provisions of article 14;

e) of any work on cases in which the reproduction can conflict with the normal exploitation of the work or in some other way results in unjustified damage to the legitimate interests of the author or any other owner of copyright in the work.

Article 32 limitations to the protection of neighboring rights 1. Subject to the provisions of section 2) of this article, the provisions of articles 26 to 31 do not apply if the acts mentioned in these articles are related to one of the following cases:


in) the use by a natural person exclusively for his own personal purposes;

b) the use of a short excerpt for the purpose of reporting current events, to the limits justified by the purpose of providing current information;

c) use for the sole purpose of classroom learning or for scientific research;

d) when, in accordance with the provisions in chapter II, a work can be used without the authorization of the author or other owner of copyright.

2. The provisions of article 17 apply mutatis mutandis to the rights of performers, producers of phonograms, broadcasting organizations, organizations that communicate your own programs by wire and the publishers of works not previously published, with the proviso that article 17 does not apply to the rights exercised by a broadcasting organization in respect of the retransmission by cable of their own issue.

Article 43 Jurisdiction 1) without prejudice to the provisions of the other articles of this chapter V, civil judicial authority or, if appropriate, criminal law has jurisdiction of any litigation between individuals in relation to a copyright or neighboring right, in particular with regard to: a) all demand for precautionary measures or practice of preliminary proceedings;

b) all action for infringement of a copyright or neighboring right;

c) all action on the right to a copyright or neighboring right, over the ownership of a copyright or neighboring right, or a license contract;

2) all civil litigation that may arise in relation to this law and they are processed in front of the ordinary jurisdiction, will initiate the criminal summary procedure.

3) Notwithstanding the provisions of paragraph 1) of this article, the parties may submit to arbitration.

Second final provision this law comes into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, 29 December 2011 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Nicolas Sarkozy President of the French Republic of Andorra Co-prince Joan Enric Vives Sicília Bishop of Urgell Co-prince of Andorra Annex statutes of the Collective management of copyright and neighboring rights in the Principality of Andorra chapter. General provisions Article 1 nature and legal framework 1.1. The collective management of copyright and neighboring rights in the Principality of Andorra (hereinafter SDADV) has been set up under the law by which the SDADV (hereinafter, the law of creation of the SDADV). The SDADV is, in accordance with the law of creation of the SDADV, an entity of public law of associative base, with legal personality and full capacity to act.

1.2. The SDADV is governed by the provisions of the law of creation of the SDADV, the law on copyright and neighboring rights, of 10 June 1999, and the laws that may complement and/or replace in the future, and the international agreements on the subject ratified by the Principality of Andorra, as well as by these statutes and the regulations of internal validly adopted by its General Assembly or its Board of Directors , by the current legislation in the area of finance, accounting and public procurement, and to any other legal or regulatory provision to be applied.

Article 2 Purpose 2.1. The main purpose of the SDADV is the management of patrimonial rights and neighbors that establishes the law on copyright and neighboring rights, of 10 June 1999, and any other law that may complement and/or replace in the future, as well as the protection of the holders of these rights.

2.2. Are also purpose of SDADV, as follows: a) The contribution to the promotion of the creation and the promotion of culture and the arts in general.

b) contribution to the preservation and dissemination of the cultural heritage of the Principality of Andorra and the works and objects of neighbouring rights from the catalog that manages the SDADV, together with the organisations and public bodies that have similar purposes and powers already exist.

c) the development of activities and assistance services for the benefit of its members.

of) the study and research of the author's rights and neighboring rights, and the dissemination of knowledge and information on these matters.

e) the development of activities to promote social awareness on the importance of respect for the rights of copyright and neighboring rights.

f) collaboration with foreign management entities for the proper management of rights, always valuing the principle of balance provided reasonable or among the works of Andorran origin and those of foreign origin.

g) collaboration with any other national or supranational organization related to the collective management and the protection of authors ' rights and neighboring rights.

Article 3 functions for the achievement of its objectives, the SDADV performs the following functions: a) Grant authorizations to third parties for the performance of acts protected by the rights of exploitation or exclusive economic rights managed by the SDADV. In the development of this activity, the SDADV you can subscribe to General contracts with associations of users representative of each sector.

b) Raise quotas for the permissions mentioned in the letter a) and for the equitable remuneration or simple compensation for cases in which the legislation in the field of copyright and neighboring rights foresee this type of remuneration.

c) Distribute the amounts collected from users for part of the SDADV between the authors and other owners of copyright and neighboring rights involved.

d) take any legal action necessary for the protection and enforcement of the rights they administer.

e) Constitute a record of the subject of author's rights and neighboring rights managed by the SDADV, who make also reference to the authors and other owners of rights in relation to these, and issue certificates of ownership for certain treatment.

f) to perform any other action authorized, in accordance with article 36 of the law on copyright and neighboring rights, of 10 June 1999, by the authors and other owners of copyright and neighboring rights, or by their representatives, which will manage the exploitation rights or exclusive economic rights to equitable remuneration remuneration or simple.


g) carry out any other task appropriate to the fulfilment of their purposes that is not contrary to the legislation or in these bylaws.

Article 4 Duration The SDADV has an indefinite duration.

Article 5 Delivery 5.1. The Government notes, in the Principality of Andorra, the first home of the SDADV.

5.2. The Board of Directors can agree on the change of address of the SDADV to any other place within the territory of the Principality of Andorra, with the prior authorization of the Government.

Article 6 scope of activity 6.1. The SDADV carries out its activity in the territory of the Principality of Andorra.

6.2. The SDADV can also extend its performance abroad, either through agreements with organizations with similar purposes to its supranational, national or, either through their own agents, delegates or representatives.

Second chapter. Article 7 7.1 Members members. Are members of the SDADV the natural or legal persons of Andorran nationality, or foreign, legal residents or not in the Principality of Andorra, which prove to be the holders, derivative or original, of copyright and/or neighboring rights and who have signed and in force a management contract of all or part of these rights with the SDADV. In any case, can be members of the SDADV holders of rights acquired by acts inter alive or mortis causes. The accreditation to be the owner of copyright and/or neighbors is done with the presentation of the documentation to establish the rules of procedure to the effect.

The members of the SDADV, and their rights, can be represented in front of the SDADV and in its organs for the third natural or legal persons are Andorran nationals or foreign that designate, legal residents or not in the Principality of Andorra. These representations must be conferred in writing and in accordance with the requirements established by the rules of procedure to the effect.

7.2. The Board of Directors agree to the admission and the lower members of the SDADV, and you can set up payment fees charged to the members who are incorporated.

Article 8 groups of members 8.1. Each Member of the SDADV is part of one or more of the following groups, in function of the different groups of successors that the law on copyright and neighboring rights, of 10 June 1999, recognised for the purposes of the management of its corresponding rights on the part of the SDADV: a) holders of copyright on literary works.

b) holders of copyright on musical works.

c) holders of copyright on works and photographs.

d) holders of copyright on works created for stage productions.

e) holders of copyright on works and audiovisual recordings included, in any case, the audiovisual producers.

f) holders of rights of performers and performers.

g) holders of rights on productions of phonograms.

h) holders of rights of broadcasting organizations and organizations that communicate your own programs by wire.

and editing rights holders) on previously unpublished works.

j) holders of copyright on other types of works recognized by the law on copyright and neighboring rights, of 10 June 1999.

8.2. The holders of rights that have been acquired by mortis causa or inter alive are included in the group to which it belongs transmitent to the ownership of the right to broadcast.

Article 9 rights and obligations of the members 9.1. Members have the following rights: a) the right to participate in the General Assembly, with voice and vote, in accordance with the provisions of article 10 of these articles of Association.

b) right of suffrage, active and passive, in the appointment of representatives of the members on the Board of Directors.

c) right to be informed about the composition of the governing bodies and representation of the SDADV, of its state of the accounts and of the performance of their activity.

d) the right to receive, with the request to the Board of Directors, a copy of the annual accounting documents of the General fees, of the agreements signed by the SDADV with associations of users and of the agreements that affect the collection and the distribution of the amounts collected from users for part of the SDADV.

e) Any other right that results of these statutes or statutory provisions apply.

9.2. Members have the following obligations: a) does not grant permits or licenses, assignments of any kind on the rights the management of which they have entrusted to the SDADV under the management contract, or compulsory collective management rights, and not to grant to a third party management mandates on these rights.

b) not to carry out any act that could damage the public image or the interests of the SDADV.

c) comply with the provisions of these statutes and internal rules which shall validly the organs of the SDADV, and the legislation on copyright and neighboring rights.

Article 10 right to vote each Member has one vote in the General Assembly. That, without prejudice to what internal rules establish the necessary mechanisms to eliminate incompatibilities between the members of the SDADV in the course of the voting and ensure a free management of influences of the users of the Repertoire managed by the SDADV.

Article 11 loss of status as a member of the status of Member is lost: a) For death or declaration of death, in the case of an individual Member.

b) By dissolution, in the case of a legal person member.

c) for separation, resignation or voluntary.

d) for loss or termination of all rights that the Member has entrusted the management of the SDADV.

e) By termination of the management contract.

f) For exclusion validly agreed by the Board of Directors.

Article 12 Sanctions to members 12.1. The missing member to comply with the obligations laid down in paragraph 2) of article 9 of these statutes can be punished with one of the following sanctions: a) Admonition.

b) pecuniary Penalty of up to 1,200 euros.

c) suspension in the rights of attending the general assemblies and suffrage, active and passive, in the appointment of members of the Board of Directors, for a period not exceeding two years.

d) exclusion.

The Board of Directors establishes the criteria according to which will determine which of the above sanctions is applicable to each case of non-compliance.

12.2. The imposition of the sanctions provisions of this article can only validly decided in accordance with the provisions of article 13 of these statutes.


12.3. The sanctions regulated in this article are independent of those that are coming from, in accordance with the Covenants of the management contract, for breach of the obligations that are established. However, the termination of the management contract for any reason determines the automatic loss of the status of Member.

Article 13 sanctions Procedure for the imposition of sanctions to members that a incoa apply in accordance with the following procedure: a) the transcript begins by virtue of the agreement of the Board of Directors. In the beginning of the file is named an instructor and a Secretary from among the members of the Board of Directors. The agreement will notify the reliably expedientat.

b) the instructor orders the practice of all the tests and actions it deems appropriate for the purpose of elucidating the facts.

c) in accordance with the result of these actions, the instructor formulates a list of posts in which he lays out the facts charged and will notify the expedientat for reliable duct; also granted a period of ten working days to respond in writing.

d) once answered the charges or after the deadline for doing so, the instructor formula on the Board of directors a proposal for the agreement, which will notify the expedientat for reliable duct, and granted a period of 15 working days for alleged in writing what you deem appropriate.

e) once the term expressed in the previous section), the instructor refers to the Board of Directors the file so that the crack. This agreement, which must be motivated, will also notify the expedientat for reliable duct.

f) Against the resolution of the Board of Directors, the Member-sanctioned can formulate a resource before the General Assembly, which in its next meeting resolves with ultimate if you confirm or not the sanction.

Third chapter. Bodies of the SDADV Article 14 governing bodies the bodies of the SDADV are: a) the General Assembly.

b) The Board of Directors.

c) the president and the Vice President.

d) the Secretary and, if necessary at the discretion of the Board of Directors, the Under Secretary.

e) the director, if necessary at the discretion of the Board of Directors.

f) The other organs that the Board of Directors creates delegated powers to carry out or to advisory functions.

Article 15 General Assembly 15.1. The General Assembly is the representative body of all the members of the SDADV.

15.2. competences. The powers of the General Assembly are the following: to) approve, on the proposal of the Board of Directors, the annual accounting documents, in accordance with the provisions of the legislation in the field of finance and public accounting.

b) approval, at the proposal of the Board of Directors, of the preliminary draft budget for each financial year, in accordance with the provisions of the legislation in the area of public finances.

c) approval, at the proposal of the Board of Directors, internal policies to develop the rights and obligations of the members and any other aspect of the life of the SDADV. Excepts the approval of internal rules relating to the methods and the rules of distribution of quotas and the equitable remuneration remuneration or simple, that is to say of the amounts collected from users for part of the SDADV, and on other important aspects of the collective management which, according to article 36 of the law on copyright and neighboring rights , June 10, 1999, are of exclusive competence of the Board of Directors. Excepts also the approval of the internal rules relating to the establishment of a register of objects of copyright and neighboring rights managed by the SDADV, who make reference also to the authors and other owners of rights in relation to these, and the issuance of certificates of ownership for certain treatment, likewise of exclusive competence of the Board of Directors.

d) approval, at the proposal of the Board of Directors, the general rates of SDADV.

e) approve, on the proposal of the Board of Directors, of the modifications of these statutes, which must be necessarily subjected to the approval of the General Council, in accordance with the provisions in the current regulations in the area of public finances.

f) appointing and removing of the representatives of the members of the SDADV on the Board of Directors.

g) confirmation of sanctions against members of the SDADV established by the Board of Directors.

h) any other matter determined by the legislation and/or these bylaws.

Composition. The General Assembly comprises all members of the SDADV.

15.3. Representation. SDADV members may attend the General Assembly personally, whether it is individuals or, whether it comes from individuals and legal entities, represented by the third natural or legal persons are Andorran nationals or foreign that designate, legal residents or not in the Principality of Andorra. Members can also be represented by other members. The representation must be conferred in writing and in accordance with the requirements established by the rules of procedure to the effect.

15.4. Notice of meetings. The meetings of the General Assembly are convened by its president. The call for proposals has been published in the official bulletin of the Principality of Andorra and in at least two newspapers of wide circulation in the Principality of Andorra with at least one month prior to the scheduled date to celebrate. It will also inform members of the Assembly by means of written communication, to be valid the email communication. In the call there include the agenda of the meeting.

15.5. Number of meetings. The president convenes the General Assembly at least once a year, during the first half, to approve the annual accounts. The president also convenes the General Assembly provided that it agrees to the Board of directors or requested by members who hold at least twenty-five percent of the voting rights in the General Assembly.


15.6. Quorum and development meetings. The General Assembly shall be validly constituted, to decide on the Affairs of the order of the day, in the first call, when you attend, present or represented, at least half of the members, and in the second call, regardless of the number of attendees. Between the first and the second call should spent at least an hour. The meetings of the General Assembly are presided over by the president of the Board of Directors and, in his absence, by the Vice-President of the Board of Directors and, in the absence of both, by the older Member of the Board of Directors. Acts as a Secretary who is on the Board of directors or, in his absence, the Assistant Secretary, if it has been designated, or in the absence of the latter a member of the Board of Directors decided by the General Assembly.

15.7. Adoption of agreements. The resolutions of the General Assembly are taken by a majority of the votes validly cast, except on matters for which these statutes require a different majority. In case of ties, the president of the dirimeix with your vote.

15.8. Agreement of appointment of members of the Board of Directors. The agreement for the appointment of the members of the Board of directors representative of each group of members is adopted in the appropriate group by a majority of the votes cast by the members of the group.

15.9. Agreements subject to qualified majority. The agreements relating to modifications of these statutes require, to be approved, a majority of two-thirds of the votes validly cast at the General Assembly. These modifications, after being approved by the General Assembly, should be subject to the approval of the General Council.

15.10. Government representatives. The Government representatives who are members of the Board of Directors in accordance with the following article may attend the meetings of the General Assembly with voice but without vote.

Article 16 16.1 The Board of Directors. The Board of Directors is the organ of Government and representation of the SDADV.

16.2. Powers. The Board of Directors has all the powers in the area of SDADV management, administration of your patrimony, layout of property and rights or representation that are not reserved by law for the creation of the SDADV or these bylaws to the General Assembly. In particular, the Board of Directors has the following powers: to) preparation and submission to the General Assembly, for its approval, of the annual accounting documents of the SDADV, in accordance with the provisions of the legislation in the field of finance and public accounting.

b) preparation and submission to the General Assembly, for its approval, the draft budgets of the SDADV for each financial year, in accordance with the provisions of the legislation in the area of public finances.

c) preparation and approval of the internal rules relating to the methods and the rules of distribution of quotas and the equitable remuneration remuneration or simple, that is to say of the amounts collected from users for part of the SDADV, and on other aspects of collective management, in accordance with article 36 of the law on copyright and neighboring rights , June 10, 1999, are of exclusive competence of the Board of Directors.

d) preparation and approval of the internal rules relating to the establishment of a register of objects of copyright and neighboring rights managed by the SDADV, who make reference also to the authors and other owners of rights in relation to these, and the issuance of certificates of ownership for certain treatment.

e) preparation and presentation to the General Assembly, for its approval, of the internal rules other than those referred to in the two previous sections.

f) establishment and presentation to the General Assembly, for its approval, of the general rates of SDADV.

g) Establishment and approval of contributions of the members and of the fees for Administration or other of SDADV.

h) approval of models of management contracts, and other types, you have to subscribe to the members of the SDADV.

and approval of the general contract models) with associations of users.

j) Approval of the agreements of all kinds, including reciprocal representation to the representation in the Principality of Andorra of repertoires, and logistic support at the national level and/or international entities and organizations with similar purposes to their national or supranational, either.

k) appointment and cessation of the director of the SDADV, in the event that the Board of Directors deems appropriate to have this body.

the Elimination of the president, the Vice President and Designation), the Secretary and, if applicable, the Assistant Secretary of the SDADV.

m) contract staff, works, supplies and services in connection with the SDADV, respecting in any case the provisions of the current regulations in the area of finance and public procurement.

n) Arrange the admission and low of SDADV.

o) elaboration and proposal to the General Assembly, for its approval, modifications of these statutes, which must be necessarily subjected to the approval of the General Council, in accordance with the provisions in the current regulations in the area of public finances.

p) SDADV management, pricing guidelines and control of financial investments, management of your patrimony, and the disposal of their property and rights, as long as it is not reserved by law for the creation of the SDADV or these bylaws to the General Assembly, and with respect to the provisions of the legislation in the area of public finance and under the guidance and supervision of certain acts on the part of the Government as set forth in the law of Creation of the SDADV.

q) to carry out all kinds of events and sign up all types of contracts relating to the Administration, the acquisition, disposal and encumbrance of any right or the right of the SDADV, including the request for loans or credits, the opening of accounts and the provision of guarantees, provided in accordance with the provisions of the legislation in the area of public finance and under the guidance and supervision of certain acts on the part of the Government as set forth in the law of Creation of the SDADV.

r) exercise, with the maximum amplitude, of the legal representation of the SDADV, in court and out of this, and empowerment to third parties, including attorneys and lawyers.


s) appointment and cessation of legal representatives and officers of the SDADV, with the powers that be agree, including cases in which the SDADV to reach contracts with individuals or legal entities to provide logistic support to the Administration and management of the rights.

t) in general, all kinds of events or legal business that, at its discretion, may be necessary or convenient for the development of the aims of the SDADV, as long as they are not contrary to the legal system that is applicable.

u) Exercise any other right that entrusted by the General Assembly.

v) decide on any other issue that you assigned to the current legislation and/or these bylaws.

16.3. Composition. Part of the Board of Directors: a) a member of each of the groups of members, designated as set forth in paragraph 4 of this article. In any case, on the Board of Directors must have a minimum representation of two Andorran nationality or directors with legal residence in the Principality of Andorra.

b) two persons designated by the Government.

16.4. Appointment of Directors members of the SDADV. The representatives of the members of the SDADV on the Board of Directors are appointed within each group of members, in accordance with the provisions of section 8) of article 15 of these articles of Association, between the members of the group that presented his candidacy to the General Assembly that has to decide on his appointment. In the event of what the voting carried out does not designate the two directors of Andorran nationality or legal residence in the Principality of Andorra referred to in the letter a) of paragraph 3 of this article, they will designate in addition to the members, with rotating groups of members for each term of Office of the Board of Directors, and by a majority of the votes cast by the members of the groups of which question.

16.5. Representation of Councillors members of the SDADV. The position of Director of the Member SDADV is personal, so that those members of the SDADV who have been elected directors and the particular form of legal entity, will designate a single representative in the Board of Directors, which may be of Andorran nationality or foreign, legal resident or not in the Principality of Andorra. The representation must be conferred in writing and in accordance with the requirements established by the rules of procedure to the effect.

16.6. Duration of the charge. The members of the Board of Directors exercised the position for a period of two years. At the end of the period for which they have been appointed, the members of the Board of Directors will remain in Office in functions up to the celebration of the next General Assembly. The members of the Board of Directors may be re-elected indefinitely. The members appointed by the Government remain in Office indefinitely until they are revoked by the same classes that you have designated.

16.7. Designation of positions within the Board of Directors. The Board of Directors designates in his if a president and a Vice President, which will be also of the General Assembly and of the SDADV. The Board of Directors appoints a Secretary and in the case of what it deems appropriate an Under Secretary, who may not be members of the Board of Directors, in which case will attend meetings of the Board of Directors with voice but without vote.

16.8. Notice of meetings. Meetings of the Board of Directors are convened by the Chairman by written notice to all directors, at least fifteen days prior to the date of the meeting. In the call there include the agenda of the meeting.

16.9. Quorum. The Board of Directors is validly constituted when it is meeting at least half of its members with current charge, provided that the notice has been duly notified to all members absent.

16.9. Constitution with universal character. The Board of Directors is also validly constituted when it is meeting all of its members, even if they have not been invited to this effect, and agree to provide the meeting of the character of the Board of Directors, as well as an order of the day.

16.10. Adoption of agreements. The resolutions of the Board of Directors are adopted by the majority of the votes validly cast.

16.11. Agreements subject to qualified majorities.

16.11.1. The agreements relating to the following matters require, to be approved, a majority of two-thirds of the votes validly cast by the Board of Directors: a) Modifications of these statutes, which must be subject to both endorsements in the General Assembly and to the General Council.

c) appointment and removal of the director of the SDADV, if applicable.

16.11.2. For agreements on the general rates of the SDADV, the Board of Directors chosen by the majority of votes validly cast, having to count in any case with the favourable vote of the representatives of the Government, the lines of the guidelines decision methodologies in the field of collective management of copyright and neighboring rights that will be used to determine the General fees of SDADV , which in any case must take into account the business structure and the economic reality of the Principality of Andorra, as well as experts in assessment of copyright and neighboring rights which will be in charge of determining these general fees. Once the referred experts have presented their proposal for general fees to the Board of Directors, the Government will have a maximum period of two months to examine them and, in the case of what to believe that these are not correct for any reason, it will expose the motives and made the alternative proposals as it deems appropriate. Once you have completed the previous procedure, the Administrative Board shall adopt, by a majority of votes validly cast, having to count in any case with the favourable vote of the representatives of the Government, an agreement on the general rates of SDADV.

16.11.3. Agreements relating to deductions made from the amounts collected by the SDADV in the SDADV collection and administration fees and other charges referred to in these by-laws, as well as to amounts intended to cover of the SDADV, are adopted by a majority of votes validly cast, having to count in any case with the favourable vote of the representatives of the Government.


16.11.4. The approval of the internal rules relating to the methods and the rules of distribution of quotas and the equitable remuneration remuneration or simple, that is to say of the amounts collected from users for part of the SDADV, and on other aspects of collective management, in accordance with article 36 of the law on copyright and neighboring rights , June 10, 1999, are of exclusive competence of the Board of Directors, require, to be approved, a majority of the votes validly cast, having to count in any case with the favourable vote of the representatives of the Government.

Article 17 17.1 President and Vice President. Skills. The president: a) Exercise the representation of the SDADV in and out of this area, provided that the Board of Directors has not given this ability to another of its members.

b) Convene meetings of the General Assembly and of the Board of Directors and fix the order of the day.

c) presided over the meetings of the General Assembly and of the Board of Directors and managing and moderating the development of discussions, submit to vote the resolutions and proclaim the result of the voting.

of the proceedings and the certifications of Visar) resolutions of the General Assembly and of the Board of Directors are signed by the Secretary.

e) to ensure the proper execution of the resolutions adopted by the General Assembly and the Board of Directors.

f) ensure compliance with the legislation in force and of these statutes.

g) any other legally authorised or under will be attributed.

17.2. Functions of the Vice President. In case of vacancy, absence or illness of the president, his duties are assumed by the Vice President.

17.3. requirements of nationality and residence. The president and the Vice President, in case of being natural persons, must be the Andorran national or enjoy legal residence in the Principality of Andorra. In case of being legal persons, these must be constituted in accordance with Andorran legislation and their representatives persons on the Board of Directors of the SDADV must be Andorran nationals or legal residents in the Principality of Andorra.

Article 18 the Secretary and under Secretary 18.1. Corresponds to the Secretary: to) attend the meetings of the General Assembly and of the Board of Directors.

b) Preserve the documentation of the SDADV and duly reflected in the book of acts of the General Assembly and of the Board of Directors of the development of their meetings.

c) Issue certificates with the approval of the president, in respect of the agreements adopted in the General Assembly and the Board of Directors.

d) all other functions that are inherent in its status as a Secretary or assigned to it by the Board of Directors.

18.2. The Board of Directors may appoint an Assistant Secretary, who assumed the functions of the Secretary in the case of vacancy, absence or illness of the Secretary.

Article 19 delegation of powers of the Board of Directors of 19.1. In order to facilitate the exercise of its functions, the Board of Directors may delegate specific functions in one or more of its directors, or in one or more delegated committees of Directors, temporary or permanent form.

19.2. The Board of Directors determines the functions, colleges and the period during which he may exercise the delegated bodies, as well as, in the case of commissions, their operation.

Article 20 20.1 Director. The director of the SDADV, which is named, if applicable, and dismissed by the Board of Directors as set forth in these bylaws, run the the General Assembly and of the Board of Directors under the instructions and the supervision of the president of the fingers organs, and performs any other function that is entrusted by the fingers organs.

20.2. The director attends the meetings of the Board of Directors and of the General Assembly provided that so I indicated to the president. In such cases, the director will have voice but no vote.

20.3. During the periods in which the Board of Directors decides not to have a director of the SDADV, the functions of this the the Board of Directors in conjunction with the staff at SDADV.

Article 21 21.1 Advisory Councils. The Board of Directors may, at any time, create one or more advisory boards for the study and the preparation of reports on technical subjects.

21.2. The Advisory Councils are presided over by a Minister, and the rest of its members can be experts required to this effect by the SDADV, including representatives of associations and organizations, national, supranational or foreign, cultural, artistic and economic sectors representative of which included members of the SDADV, and representatives of foreign entities or counterparts of the supranational SDADV. Each Advisory Board appoints a Secretary, which draws up the minutes of their meetings.

The fourth chapter. General fees and delivery system of the amounts collected by the SDADV Article 22 general fees General SDADV rates are set by the Board of Directors, and are approved by the General Assembly, as set forth in these bylaws.

Article 23 rules of distribution of amounts collected 23.1. The distribution of the amounts collected from users for part of the SDADV takes place between the holders of the rights used in accordance to a system determined by the Board of Directors that exclude the arbitrariness and ensure holders a stake in the collection relative to the exploitation of their rights by the users of the Repertoire of services that are the subject of copyright and neighboring rights represented by the SDADV.

23.2. The amounts collected by the SDADV in the exercise of their functions of collective management of rights, are removed: a) The legally established amounts and that, powers or by resolution of the Board of Directors, are assigned to cover the following activities:-The contribution to the promotion of the creation and the promotion of culture and the arts in general.

-The contribution to the preservation and dissemination of the cultural heritage of the Principality of Andorra, jointly and in coordination with other organizations that have this purpose, and of the works and objects of neighbouring rights from the catalog that manages the SDADV.

-The development of activities and assistance services for the benefit of its members.

-The study and research of the author's rights and neighboring rights, and the dissemination of knowledge and information on these matters.


-The development of activities to promote social awareness on the importance of respect for the rights of copyright and neighboring rights.

b) fundraising and administration fees set by the Board of Directors, aimed to compensate for the expenses caused by the management of rights made by the SDADV.

c) the amounts intended to cover the reserves set by the Board of Directors.

23.3. The Board of Directors may fix a special fundraising and administration fee for the management of rights abroad.

23.4. The Board of Directors may fix a supplementary collection and administration fee for the management of rights in cases where the owner has established in the management contract limitations on the scope or mandate of geographical material management.

23.5. The resulting amount, once taken from the funds the amounts established by paragraphs 2), 3) and 4) above, is distributed among the holders of rights in accordance with the particular system on the Board of Directors.

23.6. For the types of operations that do not allow to determine individually or with accuracy the use made of a work provision subject to neighboring rights, the Board of directors should establish a procedure which allows to carry out a equitable based on statistical criteria or sampling.

23.7. The SDADV informs the holders of rights, in every settlement and distribution purposes, on the lines of the criteria applied delivery executives.

23.8. The terms and procedures of payment to the holders of rights are determined by the Board of Directors.

Chapter five. Economic resources and economic and financial control Article 24 financial resources and economic-financial control the economic resources of the SDADV are made up of: a) To the entrance fees of the members which, if any, established by the Board of Directors.

b) to fundraising and administrative fees, intended to compensate for the expenses originated by the Bill of rights.

c) for financial and investment returns of the goods of the SDADV.

d) To capital gains obtained in the realization of the goods affected the management of the SDADV.

e) For the quantities obtained by donations, bequests or liberalitats that the SDADV can be called to obtain.

f) For compensation and subsidies to which entitled the SDADV in the exercise of their management.

g) For the amounts that must be distributed to the holders of rights managed by the SDADV who do not have the status of members of the SDADV, as long as they have not been claimed within three years since they have been placed at your disposal.

Article 25 social social exercise Exercise coincides with the calendar year.

Article 26 financial statements The accounting SDADV is carried out in accordance with the provisions of the legislation in the field of finance and public accounting.

Article 27 27.1 Financial Control. The General Assembly appoints an auditor, notwithstanding that it may designate other auditors in accordance with the legislation in force in the area of public finances.

27.2. the members representing more than ten percent of those present and represented in the General Assembly have the right to appoint an auditor, and the corresponding expenses are in charge of these members.

27.3. The auditor appointed by the General Assembly and, if applicable, the auditor designated by the minority mentioned in the previous section, check the accuracy of the financial and patrimonial situation of the SDADV displayed in the annual accounts, and emit the corresponding opinion.

Final provision. Modification of the statutes All modification of these statutes, approved by the General Assembly with the required majority powers, must also necessarily be subjected to the approval of the General Council, in accordance with the provisions of the legislation in force in the field of public finance in the Principality of Andorra. Without this approval, the amendment of the articles will have no effect.