The president of the SGAE, José Ángel Hevia, has won the vote in the general assembly of the modification of the statutes of the rights management entity, but without enough votes to carry it out. The proposed reform needed the qualified majority of two thirds, 66%, but it has fallen far short of reaching that figure: yes, they voted yes, 58.01% and no, 40.91%. The abstention was 1.07% and the total number of votes was 22,536. 2,000 votes have been missing to move the proposal forward.
Sources of the entity assure to this newspaper that "it is an important rollover" with respect to the general assembly of last June, when José Miguel Fernández Sastrón presented his statutory proposal and it was rejected. "We do not know what will happen tomorrow. We are going to transfer the results to the Ministry of Culture so that, hopefully, we value positively the rollover and the 58.01% of votes in favor, because it is not a majority rejection like in June ", add the sources of the address to EL PAÍS. The ministry has reported that "it is concerned about the results of the votes that it has known through the press." Give the entity five days to send the minutes of the assembly and so "evaluate the situation and make a decision." The intervention of the ministry has to go through the prior authorization of a civil judge.
The statutory reform was essential to adapt to the requirements of the regulations of the European Union. The opposite vote has been identified with the rejection of the lack of control of the collection of the night band, known as "the wheel", and the internal conflict that it has generated. With this result, the SGAE does not avoid the intervention of the Ministry of Culture, which will now have to take a step forward in order for the entity to adapt to the regulations that prevail in entities throughout Europe. Guirao's team could issue a ministerial order to approve these bylaws with the changes it deems pertinent and save the current board of directors.
Hevia has grown trust among the partners of the entity, but it has not been enough. Perhaps the proposal has not been so ambitious as to mobilize the "yes" en masse. In statements to EL PAÍS he has said that "if I were a politician I would say it is a great triumph". "I hope that the reading made by the minister will be respectful with most of the partners, who have said that they want to change the organization's progress. I invite the ministry to see the SGAE not as an entity that has to punish. You must protect us and we look forward to your collaboration, "he added. And he wanted to emphasize that "the will of the partners has been to abide by the limit" of the night music that will establish the new Law of Intellectual Protection (LPI). "There is more hope than abyss because reason will prevail. The SGAE can not disappear, "he added.
One of the key points that will have to take into account the Ministry of Culture has been the rejection of the partners (53.23%) to the distribution of the collection of December 2018 (the last before the application of Article 159 of the new LPI, which will limit to 20% the invoiced for the music at dawn). And, above all, the partners have approved by simple majority (54.74%) the new distribution rules, in which the board of directors will have to implement the 20% cap. The partners do not want more wheels.
"The minister must consider whether the company intervenes when 58% of the members have voted what the ministry wanted," explained Antonio Onetti (vice president of the Audiovisual College) to this newspaper. In his opinion, if he intervenes he would give the reason to the partners who have preferred not to adapt to the law. Fermín Cabal (vice president of the Colegio de Gran Derecho) has a positive evaluation of the result due to the 58% support of the assembly. "That is an incontestable majority support. Now let's hope that the Ministry helps us to incorporate the requirements of the Law of Intellectual Property, "he says, because he does not think it appropriate to intervene, given that in his opinion there is no" serious breach ".
Despite what may seem, the decision of the partners of the SGAE leaves in a delicate place, above all, the Ministry of Culture, which must decide whether to assume a hard or soft profile in the guardianship of the future of the entity. It has been a simple majority insufficient for the approval of the new statutes, but it may be a sufficient majority for José Guirao, Minister of Culture, to impose conditions and not an intervention. In addition, 54.74% said "no" to "the wheel". The minister has a golden opportunity to control the SGAE from the Plaza del Rey – without putting the matter in the hands of a judge – and allow Hevia and the rest of the 38 members of the current board of directors to continue to lead. This should be sufficient for a regeneration of the society under remote control. That is, a 155 with mute.