Group management entities
The entities for collective management of intellectual property rights, regulated in Title IV of Book III of Royal Legislative Decree 1/1996 dated 12 April which approves the revised text of the Intellectual Property Act, can be defined as non-profit private organisations of an associative nature dedicated in its own or other people's name to the management of intellectual property rights of a patrimonial nature in the interest of their legitimate holders.
As they are subject to administrative protection, they require the authorisation of the Ministry to fulfil their functions, among which are the following:
- To manage the intellectual property rights granted, subject to the regulations in force and to its articles of association. These entities exercise intellectual property rights delegated by their legitimate holders or by legal mandate (mandatory collective management rights); pursue the violation of these rights by controlling their use; fix adequate remuneration for the type of operation conducted and receive this remuneration according to that stipulated.
- In the area of massive usage, they sign general contracts with related user associations and fix general fees for the use of the right in question.
- To enable compensatory rights to become effective (for example, remuneration for private copy).
- To distribute the net royalties corresponding to the holders of the rights.
- To provide assistance and promotion services to authors and performers.
- To protect and defend intellectual property rights against offences, with recourse to law if necessary.