GAVA Benchmarking Standards for Collective Management of Audiovisual Performers' Rights
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The collective management of rights on audiovisual performances is a critical framework for ensuring that actors and other audiovisual performers are fairly compensated for the use of their performances. This document outlines benchmarking standards to establish best practices, ensure transparency, and foster efficient rights management within the audiovisual sector.
1. Governance and Organizational Structure
1.1 Democratic Decision-Making
- Collective Management Organizations (CMOs) should be owned and/or controlled by the rights holders, ensuring alignment with their interests.
- Ensure that the governance structure enables all members to participate in decision-making processes.
- Regularly hold general assemblies where members can vote on critical issues, including distribution policies.
1.2 Representation
- Recognize and include the different categories of audiovisual performers, as defined in their national legislation, such as actors, dancers, stunt performers, and voice artists, to address their specific needs.
- Provide fair representation of diverse groups, including performers across different genders and geographical regions.
1.3 Accountability
- Publish annual reports detailing the collections and distributions per category of rights, as well as the operational expenses.
- Conduct regular independent audits and make results available to members.
1.4 Ownership of Collected Funds
- Establish as an overarching principle that all funds collected by CMOs belong to the rights holders who generated them, not to the CMO itself.
- Ensure this principle is reflected in all governance, financial, and operational policies of the organization.
2. Rights Management Processes
2.1 Rights Collection
- Implement efficient systems to track, collect, and manage royalties for audiovisual performances across all platforms (e.g., television, streaming, public performance).
- Ensure transparency in dealings with users of the repertoire by establishing clear and fair tariffs that consider the actual use of the repertoire and the value it provides to users.
- Comply with competition rules to promote fair and equitable practices in the market.
2.2 Documentation and Registration
- Maintain an up-to-date database of performers and the works incorporating their performances, ensuring accuracy in rights ownership.
- Adopt standardized metadata formats (e.g., IPD, VRDB and ISAN codes) to facilitate interoperability with other organizations.
- Facilitate efficient and secure data exchange with CMOs in other countries to streamline international rights management.
- Comply with data protection principles (GDPR) at all times.
2.3 Royalty Distribution
- Define clear and equitable distribution rules approved by members.
- Ensure distribution rules are transparent, non-arbitrary, and based on the actual use of performances.
- Distribute royalties within a defined timeframe, to ensure timely payments.
- Subject to national legislation, uphold the principle of equal treatment for all performers, irrespective of nationality or residence, as well as equal treatment for members of foreign CMOs with which agreements are in force
- Use collected funds responsibly before payout, investing only in risk-free instruments. Returns from such investments (e.g., interest) must directly benefit rights holders by increasing distributions or lowering administrative fees.
3. Transparency and Communication
3.1 Access to Information
- Provide members with secure online access to their accounts, including detailed information on collections, distributions, and usage data.
- Develop user-friendly tools and interfaces for real-time tracking of rights revenue.
- Make key organizational documents (e.g., statutes, distribution rules, membership application forms, annual accounts, tariffs) publicly available to ensure transparency.
3.2 Member Communication
- Establish a dedicated member support team to address queries and resolve disputes efficiently.
- Organize workshops, webinars, and information sessions to educate members on their rights and the management process.
4. International Collaboration
4.1 Reciprocal Agreements
- Enter into reciprocal agreements with sister societies worldwide to streamline cross-border collections and distributions.
- Regularly review and update agreements to address evolving market dynamics.
- Develop data sharing systems compatible with international databases, securing and efficient and transparent data exchange with international organizations to minimize duplication and errors.
4.2 Global Advocacy
- Participate in international forums to advocate for performers’ rights and influence policy development.
- Assist in the establishment of CMOs in countries where performers lack the necessary tools, and participate in capacity building programs.
5. Efficiency and Cost Management
5.1 Administrative Costs
- Maintain administrative cost ratios within globally accepted benchmarks.
- Regularly evaluate operational workflows to identify cost-saving opportunities.
5.2 Technology Utilization
- Where possible, invest in modern IT solutions to automate collection, documentation, and distribution processes.
- Participate in international databases of performers and recordings, such as IPD and VRDB.
6. Ethical and Social Responsibility
6.1 Fair Practices
- Commit to ethical practices in all areas, including member recruitment, rights collection, and revenue distribution.
- Avoid conflicts of interest by maintaining transparent relationships with external stakeholders.
6.2 Cultural Support
- Allocate a portion of revenues to cultural and educational initiatives that support the audiovisual industry and performers.
- Partner with governments and NGOs to promote local talent and cultural diversity.
Conclusion
By adhering to these benchmarking standards, organizations managing audiovisual performers’ rights can foster trust, improve operational efficiency, and ensure equitable treatment of performers globally. Continuous evaluation and adaptation of these standards will be essential in meeting the challenges of a rapidly evolving industry.
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