In the City of La Habana, Republic of Cuba, on December 12, 2018, the Audiovisual Collective Management Societies of Cinematographic and Audiovisual Screenwriters and Directors’ Author Rights of Latin America came together with their appropriate representatives detailed below:
AGADU - General Association of Uruguayan Authors – represented by Mr. Alexis Buenseñor in his capacity as President - ARGENTORES, General Society of Authors of Argentina - represented by Mr. Miguel Ángel Diani in his capacity as President and Dr. Germán Gutiérrez in his capacity as International Relations Manager,ATN, Society of Audiovisual Directors, Screenwriters and Playwrights - represented by Mrs. Daniella Castagno in his capacity as Vice-president together with Mr. Cesar Cuadra in his capacity as General Manager, DAC, Argentine Film Directors – General Association of Cinematographic Audiovisual Authors Directors - represented by Carlos Galettini in his capacity as President together with Mr. Horacio Maldonado in his capacity as Secretary General, DASC, Audiovisual Directors Colombian Management Society - represented by Mr. Mario Mitrotti in his capacity as President together with Mrs. Teresa Saldarriaga in his capacity as Vice-president and Mrs. Camila Loboguerrero in his capacity as Secretary General, DBCA, Audiovisual and Film Brazilian Directors - represented by Mr. Sylvio Back in his capacity as President, together with Mr. Antonio Carlos da Fontoura in his capacity as Vice-president; together with Mr. Ricardo Domingos Pinto e Silva in his capacity as Secretary General and Mr. Guilherme de Almeida Prado in his capacity as Treasurer, DIRECTORES MEXICO, Mexican Society of Directors Performers of Audiovisual Works - represented by Mr. Rubén Galindo in his capacity as Records Clerk, GEDAR, Screenwriters Authors Rights Management (Brazil), represented by Mr. Marcílio Moraes in his capacity as President; together with Mrs. Sylvia Palma in his capacity as Secretary General, REDES, Colombian Network of Audiovisual Authors, represented by Mrs. Alexandra Cardona Restrepo in his capacity as President, SOGEM, General Society of Mexican Writers, represented by Mr. Maestro Jesús Calzada in his capacity as President, together with Mrs. Gloria López Cruz in his capacity as National and International Television Division Officer, hereinafter THE SOCIETIES, without losing independence or self-determination, agree to assemble and found a Latin American Audiovisual Authors Societies Federation and THE SOCIETIES are hereinafter considered FULL FOUNDING MEMBERS, pursuant to the following terms and conditions:
FESAAL – LATIN AMERICAN AUDIOVISUAL AUTHORS SOCIETIES FEDERATION
CHAPTER 1: FOUNDATION - TERM - PURPOSES -
Article 1 - This Federation
Is established by and composed of Societies which Manage the Rights of Authors concerning Audiovisual Works for cinema (cinematographic works) for television (television works) or for any other exhibition method and/or visual and/or audiovisual already created or to be created in the future, and concerning authors of theatrical dramatic works, considering as authors of such works, and only for the purposes of this document, the cinematographic and audiovisual screenwriters and directors as well as the playwright authors, authors of dramatic works for theatre. It is a non-profit, non-governmental international organization and, as such, it does not intent to accrue benefits. The name is “FESAAL - LATIN AMERICAN AUDIOVISUAL AUTHORS SOCIETIES FEDERATION” hereinafter FESAAL and it shall have two official languages for all its documents and communications, the Spanish language and the Portuguese language.
Article 2 - FESAAL is to have perpetual existence.
Article 3 – The purpose of FESAAL shall be:
To ensure recognition in the laws of different countries within the American region of the audiovisual authors’ right to an equitable remuneration directly proportional to the success of their work, that is to say, for any type of public exhibition concerning the audiovisual works (such as, without limitation: cinema, television, cable television, satellite television, internet, among other methods) and for any secondary use of the audiovisual works (public places, hotels, party halls, among others)
To defend the validity of this right to remuneration in the countries of the American region which already recognize such right.
To promote the respect and exercise of remuneration rights in favor of script authors and of author directors of audiovisual works, as an inalienable, non-transferable right to the producer or to any third party. This non-transference principle is based on the fact that the remuneration is only equitable when directly proportional to the exploitation or to the success of the work and to creation of new exploitation techniques or methods.
To cooperate with the creation of collective management societies of audiovisual authors from the Latin American region and from around the world so that these societies succeed in collecting this non-transferable right to remuneration.
To assist collective management societies with the actual enforcement of the right to audiovisual remuneration belonging to the members they represent and to worldwide authors they may represent through agreements entered into with other collective management societies.
To coordinate joint actions with other associations and/or alliances and/or federations and/or societies similar to FESAAL in other regions or continents.
To foster the collection of the non-transferable remuneration of screenwriters and directors as well as the implementation of an efficient distribution through a transparent settlement of those rights.
To conduct periodic meetings between the different technical areas of the Societies which are part of FESAAL in order to exchange legal and technical information
To analyze the convenience to set specific financial funds aimed to assist in the creation and development of audiovisual authors societies and to sustain this Federation, the annual meetings and other meetings it may consider appropriate to carry out and/or to take part in, as well as financial support authors from societies, provisional members who still cannot raise funds to attend such events may need.
Carry out every activity that may be performed in order to achieve the above mentioned purposes.
CHAPTER 2: OFFICES AND BRANCHES
Article 4 – Office and Branches
The central office shall be in Calle Vera número 559, City of Buenos Aires, Argentine Republic. This office may be transferred to any other place by decision adopted at the General Meeting, having the authority to legally amend these Statutes. The Federation may also create branches, participations, representations or administrative agencies in any country.
CHAPTER 3: AUTHORITIES AND MEMBERS
Article 5– Administration and Management
The Administration shall be in charge of the General Assembly composed of Founding Members and Members to be incorporated in the future. The Assembly shall meet once a year with the representative of each society, who shall in all cases be an author, screenwriter or director.
Article 6 – Member categories – Members are:
a) Founding Members, that is to say, affiliated societies having signed the Founding Act;
b) Any society authorized by the General Meeting, taking into account that members can only be collective management societies which manage or seek to manage non-transferable remuneration rights belonging to audiovisual authors, screenwriters and directors. The approval of a new member shall be adopted at the Annual General Meeting and such approval requires the presence, by person or by proxy, of members representing at least 50% of the votes.
c) The position of member automatically implies the full approval of these statutes and of the society’s policies.
d) Adherent Members: the societies that do not comply with the requirements stated in section b) may adhere for the purposes of the FEDERATION and might be invited to attend the Annual General Meeting, in full or in part, without the right to cast votes, unless any Member opposes such invitation. This member category shall be referred to as ADHERENT MEMBER.
Article 7 – Executive Committee:
In order to achieve an efficient management and execution of the plans, purposes and directions imposed by the General Assembly, this Assembly shall appoint a Secretary General, a Screenwriters’ representative and a Directors’ representative that make the Executive Committee. Such appointment shall be for a period of 3 years. Their term in office may be cancelled by the Assembly at any time, by a three-quarters majority, without cause or warning. The Executive Committee shall decide by a majority of votes how to comply with the directions of the General Meeting and it will also be the body in charge of preparing the Annual Report and Financial Statements of FESAAL every year, which shall be submitted to approval of the Assembly during the Annual General Meeting and sent to members at least fifteen days before the meeting.
Article 8 – Powers of the Assembly.
1-The General Meeting shall meet yearly in the place and date stated by the Assembly during the last meeting or, otherwise, it shall be called at a place and date stated by the Executive Committee.
2-Each Member shall appoint an author representing its society and, if such author cannot attend the meeting, he/she shall grant a special power to any other representative attending the Meeting, whether in writing, by fax, by email or by any other means of communication resulting in a written document, in order to be replaced at the Meeting and cast a vote in his/her behalf.
3-Resolutions shall be adopted by a plurality of votes of the members present in person or by proxy.
4-Resolutions shall be recorded in a special record signed by members’ representatives.
5-The General Assembly is the managing and collecting body concerning member contributions and totally delegates it management powers to the Executive Committee.
Article 9 - Dissolution
The dissolution of FESAAL shall only be decided by Members at the Annual General Meeting or according to the request made by at least half of the Members.
In case of dissolution, the General Meeting shall appoint a Special Committee in charge of deciding the conditions to liquidate assets.
Signatory parties agree to submit no later than at the next General Meeting, the approval of these Statutes made by the management bodies of its respective societies.
In witness whereof, the parties have executed this document in 11 (ELEVEN) COPIES in the City of La Habana – Republic of Cuba, as of December 12, 2018.-