The court has given the reason to the writer and journalist Javier Reverte (Madrid, 1944): "It is not incompatible", can be read in the ruling to which this newspaper has had access, to collect the benefits of their copyright and pension of retirement as a retired worker after more than forty years in the trade. Four years ago Social Security he demanded the payment of a fine of 150,000 euros for considering both activities incompatible and started a battle for the fight of his rights recognized as an information professional. Now, the courts agree with him, while the government is expected to approve the development of the Article 193 of the Statute of the artist that makes this duality viable.
The court of the social declares that "in the absence of the principal requirement that the actor is a worker, this court understands that the income received by cession of their rights that the actor already had, is not incompatible with the old-age pension", declares the magistrate Arturo Rodríguez Lobato. So the demand must be fully estimated and the money returned to the writer.
The Social Security lawyers alleged in the trial that the author does work on his own and that this is incompatible with the collection of his retirement pension. But the judge points out that to consider it as self-employment, the accomplishment of some artistic, intellectual, scientific work, etc., should be demonstrated. and "none of this has been proven in the present proceedings". Because Reverte has signed contracts of assignment of rights of some of his books, from 2011 to the present.
The judge indicates that Reverte does not receive income for the action of thinking and writing a literary work, but that they are royalties or amounts for the assignment of their rights to books owned by him. That is why it considers that temporarily granting a temporary property right "does not constitute an economic activity". Ensures that the suit has not provided evidence to show that Reverte, like any author, receives income for the realization of any specific book, "only consists of income by assignment of rights."
That decision to persecute us is the result of distrust of the PP against the culture and the voracity of finance ministers, including the current
"It's great news for me and for all the creators who, like me, are suffering this unjust persecution", said the author of The dream of Africa to THE COUNTRY. Although the judgment can be appealed, the author does not see it possible for the Government to take forward a law that allows compatibility and resorts to the judgment in his favor. As this newspaper advanced, with the announcement of the progress of the General Elections, the development of the article that makes possible the compatibility of retirement pensions and copyright has remained in the air. In theory, there is still enough time to complete it, but in practice it is not as clear as possible. Manuel Rico, president of the platform Seguir Creando – which brings together more than 40 civic organizations in the author field, says on the other side of the phone that, after a meeting with senior officials of the Ministry of Culture last week, he is confident that the matter could be resolved before this term expires.
After years of being named and persecuted as a scammer who wanted to collect his contribution and his right to a decent life and make it compatible with his activity as author of travel books and novels, Reverte wins with a unique sentence that gives hope to other creators in Their case. "There was an inherent evil of the PP against us. Remember the words of Montoro threatening the people of the cinema … That decision to persecute us is the result of distrust of the PP against culture and the voracity of finance ministers, including the current [María Jesús Montero]. The PSOE could have resolved this issue much faster, to end the strangulation of culture, "says the writer.
It's great news for me and for all the creators who, like me, are suffering this unjust persecution
Four years ago the author received a letter from the Ministry of Employment and Social Security in which he was told that he should return everything received for the last four years of pension, plus a fine. In total, 150,000 euros. The writer had already put up for sale properties to deal with the payment. But the ruling clarifies that everything must be returned, although without interest. The then Minister of Employment, Fátima Báñez, was not matched by the data crossed with those of Cristóbal Montoro's ministry: she entered more as a novelist than as a pensioner. According to the law that launched the PP, in 2013, it could not exceed the minimum interprofessional salary, that is, 9,000 euros. Hacienda collected more than 40% of what was generated by the author, but Employment did not want to spend on it and in other cases of authors over 65 with a pension. The most serious of all was the suicide of the wife of one of the authors who was fined by Báñez.