The intervention of the SGAE, requested by the culture Ministry, will have to wait. The Contentious Administrative Chamber of the National audience, according to the note published yesterday by the managing entity, "has rejected the temporary intervention of the SGAE requested by the Ministry of Culture. In the same resolution – continues the note – the National Court also denies "the authorization of removal of the representative bodies" of the management entity, also requested by the State Attorney ».
For its part, the Ministry of Culture clarified, in another note, the euphoria of the SGAE: "Before the decision of the Contentious-Administrative Chamber of the National Court on the request of the Ministry of Culture and Sports to authorize temporary intervention of the SGAE, the Ministry notes that, in the Court's Order, this he does not consider himself competent to settle on this matter and does not enter to evaluate the substantive question on the relevance or not of the intervention ».
"The problems that the SGAE had without solving still have," said the Minister of Culture and Sports, José Guirao in Lisbon. "The Auto refuses to authorize the intervention of the Ministry for a formal question, not the merits," the minister explained.
The president of the SGAE, Pilar Jurado, expressed for its part "its satisfaction with the resolution of the National Court, while reiterating its commitment to current legislation, the modernization of society and the defense of the copyrights of the 127,000 creators and editors who form part of the SGAE ».
The Ministry of Culture and Sports has announced that «will study going to other judicial instances if these problems are not resolved as soon as possible and will explore all the ways that the law establishes to guarantee the correct exercise of its duty of supervision over the activity of collective management entities. "The way we are presented is to go to another court or withdraw the authorization as a management entity to the SGAE. It is something that we have never wanted to do, the Minister pointed out, and we have opted for a moderate route that will first pass through the requirements and, when the SGAE has not responded adequately to them, we have gone to the courts. "
«Last February 15th – the SGAE note stands out – at the request of the Ministry of Culture, the State Advocacy filed the request for judicial intervention of the SGAE, now rejected, in an ongoing legal proceeding, in which the management entity had in turn filed a contentious-administrative appeal against a warning from the Ministry itself. The magistrates of the National Court consider that there is no place because the request for judicial intervention "part of the same defendant Administration, which takes advantage of a process initiated by the managing body to interest an authorization that is outside of this process." In addition, the National Court is declared not competent to resolve the request for intervention interested by the Ministry of Culture ».
The ministerial response is as follows: «From July 15, 2018 the statutes of the SGAE do not comply with the Intellectual Property Law (TRLPI). Therefore, on September 27 of that year, the Ministry warned the entity of the legal breaches detected that, by not correcting them, motivated the request for temporary intervention of the SGAE to the Contentious Administrative Chamber of the National Court on the 15th. February 2019. The warning remains in force and is fully applicable and the purpose of it is to correct the breach of three specific issues, basically: Approval of bylaws by the General Assembly of the management entity that are appropriate to Intellectual Property Law (TRLPI); establishment of a board of directors, through a procedure that respects all the rights of the members, including electronic voting; and adoption of a distribution of intellectual property rights for the public communication of works of its repertoire on television that conforms to the Law, and based on a distribution rule previously ratified by the general assembly ».
"As the Ministry of Culture and Sport has been demonstrating in all this time," concludes the note, SGAE is a private entity and I would like the circumstances to be available so as not to need to go to other judicial instances to request that the intervention be authorized. "
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