For once, the SGAE strictly followed the planned script. At 120, the fragile health of the entity has already suffered too many shocks. Hence, I would surely appreciate an unprecedented afternoon of serenity: the members, summoned in an Extraordinary Assembly, finally approved, with 85.19% of the votes in favor, the reform of the statutes. That is, they complied with a legal obligation, in addition to a requirement of the Ministry of Culture, and the International Confederation of Societies of Authors and Composers (Cisac), which expelled the SGAE in May 2019. It has taken four calls and more than a year and a half to achieve it: in the three previous attempts, led by as many presidents -José Miguel Fernández Sastrón, José Ángel Hevia and the current, Pilar Jurado-, two thirds of necessary supports were never reached. “It shows that the partners are clear that this entity must continue to live. This is a beginning. And it's only the end of an era that has brought too many things that are not pretty"Jury celebrated.
The president boasted success. Immediately, he received a message of congratulations from the Secretary General of the Cisac, Gadi Oron, and called the Ministry of Culture to communicate the results. Jury wins where their predecessors lost. The controversial item five on the agenda also came forward with 71.42% of support: "Approval, if applicable, of the incorporation into the income of the entity of the existing difference in the rights pending distribution." Sastron accused the president of seeking to add to the income of the entity 10 million corresponding to the authors. But the partners again proved it right to Jury.
The vote gave him, above all, confidence and time. Because the solution to the statutes marks a problem, but the list of pending tasks in the SGAE remains long. Only four days ago, Cultura filed an appeal to the Supreme Court to open the way for an intervention of the entity that the National Court stopped in 2019, declaring itself not competent to authorize it.
Of course, the Jury SGAE solves one of the most thorny issues: lThe entity had "since 2018 breaking the law", as noted by Culture, in charge of its control and supervision, on the eve of the assembly. Throughout the next month, the new statutes should reach the ministry, which in turn will have three months to study. "If there are modifications that break the law, they will be denied," warn from Culture. In any case, after the approval, the ministry recalled the other two emergencies, which already motivated the first warning to the entity, back in September 2018: “Convene elections of the governing bodies as soon as possible with all the guarantees of the law [y, por tanto, con la inclusión del voto electrónico]; and redo the distribution of rights of 2018 according to the principles of equity and proportionality ”.
That year (and several previous) the so-called wheel, an alleged fraud between partners and television directors, managed to take millions of income thanks to the music broadcast early in the morning. The justice investigates if the plot committed crimes and harmed the 120,000 authors of the entity; meanwhile the Intellectual Property Law reform has already limited, Last year, those heavy collections. But Cultura wants the 2018 deals also to be corrected. "DIt is from then until now, the entity has evolved so much that I think we have to sit down to talk about reality and not about fictions of the past that have nothing to do with the present. Now is the time to tell the truth, ”Jury insisted.
Among the president's certainties, there is broad support. But reality also tells how much impasse it has cost the SGAE dearly: partners such as Almodóvar, Bayonne or Perales have abandoned it; the editors related to night music, who have supported the reform, claim their piece of the cake; and the record multinationals, which also voted in favor, ask for guarantees not to leave. Precisely the new statutes facilitate the authors to withdraw all or part of their repertoire from one entity to transfer it to another; too extend the right to vote to all partners and introduce a control body, with several external members. Thus the SGAE hopes to be able to defend the authors better. After all, it is your mission.