On Monday night 14 members of the board of directors of the SGAE received a notification from the deontological commission, constituted by the entity itself, which accuses them of "conflict of interests", by the "disproportionate" billing of rights derived from the television editorials, generated in the night strip. Among them stands out the name of the current president of the company, José Ángel Hevia.
The commission, formed by the previous board of directors, indicates in its writing to which EL PAÍS has had access, has observed that "a high and appreciably disproportionate percentage of its income as copyright owner derives from exploitation, by broadcasting entities users of the SGAE repertoire, of works edited by musical publishers linked to said broadcasting entities ". That is why it considers that this "may affect the adoption of agreements within the governing bodies of the SGAE, in those matters directly or indirectly related to said exploitation."
The commission considers that this may affect the adoption of agreements within the governing bodies of the SGAE
The members accused of incompatibility to exercise decisions in their posts have two days to respond to the argument of this external commission, composed last November by the jurists Julia Ruiz-Rico, José Ramón Ferrandiz, Pablo Durán de la Colina. But the defendants will file a claim to gain time in the response. As this newspaper has been able to know by sources of the board of directors, they consider "scarce" two days of margin.
"This term is defenseless and disregarding the members of the board of directors. We have been mistreated in the way and in the term. This conclusion puts our honor in doubt, because we have signed a declaration of absence of interests ", add the sources of the SGAE leadership who prefer not to discover their identity.
The last word
The next board of directors will deal with this issue, a new milestone in the path of José Ángel Hevia in his four months in office, cornered by the possible intervention of the Ministry of Culture. The consequences of this notification will take time to be discovered, since the board of directors is at the end of the road. If it determines that the conclusions (after responding to the allegations) are not binding, they will reject the report. The report will be put to a vote in a body in which the Small Law School – which represents the musicians – has 16 members (four votes of the majority). This could be the first reason for crisis in a board that has found and committed to the dialogue – for the first time in years – among the representatives of the four schools.
The accused musicians defend themselves against the accusations of the deontological commission, because they have carried out "the recourse against the collection of televisions". A week ago, the SGAE announced that it will appeal the favorable ruling to the publishers of Atresmedia and Mediaset that annul the distribution of the rights of December 2017. "With our facts we are giving solidity to our argument against conflicts of interest. In that deal there were many millions of euros at stake, "they add by telephone to this newspaper.
Before the deontological commission, an electoral commission analyzed case by case the suitability of the 35 members of the board of directors to verify if there were causes of "ineligibility". The first commission gave the go-ahead to the 35, but deontological questions the independence role of almost half of the board, which had already submitted a statement of absence of interests. The commission asked for more documentation from the management of the car rights management entity and has determined that the benefits derived from music at night is "high and disproportionate".