Article One: Duties of the members. General provisions.
Article Two: The board of directors.
Article Three: Professional councils.
Article Four: Classification and calculation of audiovisual works
Article Five: Sample contracts.
Article Six: Work registration.
Article Seven: Managment commissions.
Article Eight: Enforcement of penalties.
Article Nine: Election procedure.
Article Ten: Social welfare council.
Article Eleven: General rules regarding fees.
DUTIES OF THE MEMBERS. GENERAL PROVISIONS
Section 1.- The members shall fill in the application for membership attached as Exhibit I hereto. All members must keep their data up-to-date reporting any change of address or email. They shall be aware of all resolutions informed to the email or physical address reported to DAC during the time running between the old ones changed and the new ones were reported.
Section 2.- DAC shall manage the rights of Directors/Authors on their own behalf. The Association shall not acknowledge the assignment of these rights to any third party.
Section 3.- The members shall not directly or indirectly refund any user of their audiovisual works or films for the amount paid by such user to the Association arising from the members’ rights.
Section 4.- All members shall declare their audiovisual or cinematographic works before they are released, in compliance with the requirements set forth or established by the Association. Should they fail to comply with this provision, the rights accrued by the relevant work shall not be distributed and they shall not be taken into account in calculating the works authored by them, if applicable. If the audiovisual or cinematographic work is not declared, after a period of two (2) years since the rights are accrued, the provisions of Section 4°, paragraph g) of the Bylaws shall apply.
Section 5.The members shall be respectful and considerate with one another for both personal and professional purposes. If any conflict arises among them, it shall be settled as follows: if any member publicly defames another one, either through libel or slander, the Board of Directors shall settle the issue in an amicable manner. If consensus is not reached, they shall be free to seek remedy at court, and the Board of Directors shall punish the defaulting party after the court issues its judgment.
If any member is convicted by defamation of another member, he/she shall be expelled from the Association.
THE BOARD OF DIRECTORS
Section 6.- To constitute the Board of Directors as provided for in Section 15 of the Bylaws, the Chairperson elect shall call all members elect within ten days after the election process in order to create the Professional Councils.
Section 7.- The Agenda for the meetings shall include revision of the minutes drafted at the previous meeting and the Treasury’s report in the first place and, then, revision of the reports and requests made by the Professional Councils following the order in which they were received by the Secretariat. Such order may be temporarily modified if the matter to be transacted is urgent and it is agreed by two thirds of the attendees.
Section 8.- Should any Professional Council attend a Board Meeting, upon request or as requested by the Board, the Coordinator of such Council shall be in charge of drafting the relevant report.
Section 9.- The Board of Directors shall be entitled to take control of or remove a Professional Council if it lacks leadership or enough members, and/or to accept and appoint new members so as to ensure the normal functioning of such Council.
Section 10.- The Board of Directors shall submit any issues to the corresponding Professional Council for their assessment and report. The relevant report shall be drafted as minutes and submitted for consideration of the Board as part of the Agenda. If it is an urgent matter and the Council fails to submit the report in due time, the Board may decide on the issue with the approval of two thirds of the attendees at the relevant meeting.
Art. 11.- The Board of Directors shall review the resolutions, reports and projects submitted by the Councils, and shall be entitled to approve, modify or reject them with majority voting. Any modified or rejected resolutions, reports and projects shall be sent back to the corresponding Council with the Board’s comments for approval or modification pursuant to the changes suggested.
Section 12.- For the purpose of compliance with the different requirements of the Bylaws, the Board of Directors shall keep a record of the calculation of the works of each member, kept by the general secretariat, pursuant to the calculation set forth herein of their authored works. For regulatory and statutory purposes, each expired term of office as a member of the Board of Directors, as a management entity, shall be calculated as one (1) cinematographic work Section 7° paragraph A)”
Section 13.- Professional Councils are intended to give advice to the Board of Directors about any issues as required by the latter. The Board shall be entitled to appoint as many Councils as deemed necessary, and to appoint and dismiss its members without cause.-
Section 14.- Each Professional Council shall consist of three (3) regular members and one (1) alternate member. There shall be no time limit regarding their term of office, and no incompatibility regarding the appointment to other positions, such as member of the Board or of other Professional Councils.-
Section 15.- The requirements to be appointed to a Professional Council are to have proof of having made, at least, three films or similar works. If there are not enough members for all Councils, the Board may pass a provisional exception to the standard until the necessary substitutes are found.-
Section 16.- Professional Councils shall be entitled to assess and score the different categories of works referred-to in Section 7 of the Bylaws. For this purpose, the following Councils shall be created: Films Professional Council, TV Professional Council and, if necessary, Other Multimedia and Audiovisual Media Works Professional Council.-
Section 17.- At their first meeting, the Professional Councils shall appoint a Coordinator who shall be one of their members and shall draft the notices, reports, communications, correspondence and any other document issued by such Council. If the Coordinator resigns, it shall be reported to the Board of Directors and a substitute shall be appointed.-
Section 18.- Each Professional Council shall meet upon request of the Board of Directors or as deemed convenient or necessary by such Council. The meetings shall be validly held with the presence of three members and the decisions shall be passed by simple majority voting.-
Section 19.- Each of the Councils shall discuss and decide on the issues submitted for consideration by the Board. The reports drafted by each Council shall be submitted to the Board for final decision-making.-
Section 20.- If any member of a Council misses five meetings in a row or twelve alternate meetings during the fiscal year, without giving any justification whatsoever, his/her term of office shall cease upon resolution of the Board.-
Section 21.- Any issues related to more than one Council may be discussed jointly by them if so decided by their members; however, each Council shall make their own decisions. If the resolutions passed by them are conflicting, the Board shall have the final say by majority voting.-
Section 22.- The Councils may decide on merely administrative issues related to their areas of expertise, provided that such decisions do not compromise the Association’s assets or interests. Such decisions shall be reported to the Board of Directors within 24 hours.-
Section 23.- The Councils may draft their own internal regulations, which shall abide by the Bylaws and these Internal Regulations. They may also appoint all such advisory or ancillary sub-commissions as deemed necessary to better perform the tasks entrusted to them. Such sub-commissions shall report to the Council that appointed them and shall be held accountable by them, sharing the same limitations and functions. The creation of such sub-commissions shall be approved by the Board of Directors.-
CLASSIFICATION AND CALCULATION OF AUDIOVISUAL WORKS
Section 24.- The calculation of the audiovisual works provided for in Section 7 of the Bylaws shall be made as follows:
1) Film Production:
- Any documentary or fiction feature film made pursuant to the regulations and standards of the National Institute of Cinema and Audiovisual Arts (“INCAA” as per its Spanish acronym) and released on 35mm film in movie theaters that issue “official tickets” (“BOC” as per its Spanish acronym) that has been screened for, at least, one week shall be equal to ONE (1) Film;
- Any fiction feature film made pursuant to the regulations and standards of the INCAA –produced in digital format and released in digital cinemas that have, at least, 2K projectors duly authorized by the INCAA and that issue BOCs– and that has been screened for, at least, one week shall be equal to ONE (1) Film;
- Any documentary or fiction feature film made in digital format and released in digital cinemas that issue BOCs and that has been screened for, at least, one week shall be equal to 1/6 Film;
- Any documentary or fiction short film released on 35mm film or, at least, 2K digital format in cinemas that are duly authorized by the INCAA and issue BOCs and that has been screened for, at least, one week shall be equal to 1/8 Film;
2) TV Production:
- Every 150 chapters released of daily shows with one TV hour duration shall be equal to ONE (1) Film;
- Every 52 chapters released of weekly series with one TV hour duration shall be equal to ONE (1) Film;
- Released miniseries with 4 to 13 chapters and, at least, one TV hour duration exclusively produced for TV shall be equal to 1/4 Film;
- Released telefilms with, at least, ninety-minute duration exclusively produced for TV shall be equal to 1/5 Film;
- Every 120 chapters released of documentaries with, at least, one TV hour duration shall be equal to ONE (1) Film;
- Every 200 chapters released of educational documentaries shall be equal to ONE (1) Film;
- Every 35 chapters released of original series (with over 13 chapters) shall be equal to 1/4 Film;
- Every 100 chapters released of sitcoms shall be equal to 1/2 Film;
- Every 150 chapters released of sketches shall be equal to 1/2 Film.
- Music Video Clips, every 150 broadcasted: 1/2 Cinematographic work.
3) Other Audiovisual Media Production:
- Every 10 documentary or fiction feature films produced exclusively for home video (direct sales or rent) shall be equal to ONE (1) Film. Professional Councils may recommend new classifications, categories and scores for audiovisual works pursuant to the types of production set forth above. Such recommendations shall be approved by the Board of Directors first, and then by the General Members Meeting.-
- Every 10 performance premieres containing a "video segment" along with the representation: 1/4 cinematographic work.
4) Multimedia Works:
Professional Councils shall suggest new classifications, categories and scores for audiovisual works related to multimedia and new current or future transmission and/or commercialization technologies, which shall be approved by the Board of Directors first, and then by the General Members Meeting.
Section 25.- The following shall not be considered for the abovementioned calculation purposes:
- Films or audiovisual works belonging to the Director/Author that have been already released or screened before he/she joined the Association.
- Films or audiovisual works that have not been managed by the Association.
Section 26.- In the event of co-direction, each Director shall be entitled to the corresponding part on a pro-rata basis pursuant to the Affidavit submitted in relation to such work.-
Section 27.- The abovementioned calculation shall be performed every calendar year, on December 31.-
Section 28.- The Board of Directors shall make available sample contracts for each area of expertise to better protect the moral rights and property of the Directors/ Authors who are members of the Association.-
Section 29.- At least ten days before the release, screening or projection of any film or audiovisual work, the relevant Director/Author shall register it with the Association for classification and follow-up purposes.-
Section 30.- The commission referred-to in Section 4, paragraph f) of the Bylaws shall be determined by the Members Meeting and under no circumstances shall be higher than thirty percent (30%).-
Section 31.- To ensure compliance with the Bylaws, the Board of Directors may suggest to the Members Meeting modifying the percentage to be deducted from the revenues of the upcoming fiscal year by way of commissions, according to the financial status of the Association and the revenues or income distribution required. Regarding the revenues corresponding to films screened or broadcasted abroad, the Association shall receive the percentage determined by the Members Meeting in due time for managing the collection of such revenues.
Section 32.- The Association shall collect the relevant commissions in all events, including:
- When they are directly received by the authors;
- When they are received as ordered by a judicial ruling and, hence, they cannot be directly collected by it;
- When the authors have been expressly authorized by the Association to collect their rights from users.-
ENFORCEMENT OF PENALTIES
Section 33.- The following procedure shall be applied to enforce the penalties provided for in the Bylaws:
- The Board of Directors shall not enforce any penalty without having listened to the relevant Member’s statement or having declared such Member’s fault for non-appearance without cause;
- The relevant resolution shall be notified to the interested party by telegram with acknowledgement of receipt or any other valid communication means;
- Any appeal shall be submitted to the Members Meeting in writing and duly justified within 30 days after having been notified about the relevant penalty. If the foregoing term elapses, the right to file an appeal shall expire.
- Members who have been expelled won't be allowed back within 5 years of their expulsion.
- Members who have resigned or were expelled by the Assembly will lose their category, seniority and individual score (section 45/9 Int. Reg.), even if they are readmitted.
Section 34.- Sixty (60) days before the elections date, an Extraordinary Members Meeting shall be held to appoint the Electoral Board.
Section 35. - Within fifteen (15) days after the abovementioned meeting is held, the relevant candidate lists shall be submitted to the Electoral Board. Such candidate lists shall be become official upon compliance with the following requirements:
- Each list shall be submitted by an Active Member and supported by the signature of, at least, twenty percent (20%) of the members entitled to vote with the written approval of the candidates that make up such list;
- The lists shall contain a number of candidates equal to that of regular and alternate positions to be covered, specifying the position that each candidate intends to cover. Regarding alternate positions, specification of first alternate, second alternate, etc. is required;
- When the term provided for in the Bylaws elapses, no more lists shall be accepted.
Section 36. - The Electoral Board shall not withhold approval of a candidate list that meets the requirements set forth in the Bylaws and the Internal Regulations. However, if after the list is approved, over twenty percent (20%) of its candidates serves a written notice to the Board requesting their name to be removed from the list, such list shall be automatically cancelled. The lists to be used at the election date shall be of the same quality and paper format, and votes shall be casted in lined envelopes.
Section 37.- Any member may file an objection to a candidate, a candidate list or poll in writing and duly justifying the reasons for such objection, which shall be based on the Bylaws, the Internal Regulations or any relevant fact that entails irreparable damage to the interests of the Association.
Section 38. - If there is only one candidate list, it shall be directly announced at the election process without need to vote.
SOCIAL WELFARE COUNCIL
Section 39.- The Social Welfare Council, pursuant to the provisions of Article Eleven of the Bylaws, shall be chaired by the Social Welfare Secretary. In addition to its Chairperson, this Council shall consist of a Social Welfare Deputy Secretary, three (3) Regular Members and two (2) Alternate Members appointed by the Board of Directors.-
Section 40.- The Social Welfare Council shall hold ordinary meetings twice a month and extraordinary meetings upon request of the Chairperson or two of its members. Such extraordinary meetings shall be held within three days after being requested. There shall be a quorum with the presence of four members, and resolutions shall be passed by majority voting among attendees. In the event of tie, the Chairperson shall be entitled to cast two votes.-
Section 41.- In the event of temporary or permanent absence of any of its regular members, they shall be automatically replaced by the alternate members. This shall be reported to the Board of Directors.-
Section 42.- The Social Action Council will apply the Individual Score System established in sections 45 through 49 to categorize the beneficiaries.
The social action benefits are exclusively for members, with the possibility of extending them to the represented members based on budget availability.
Section 43.- Every year, the Social Action Council will develop a budget that will be divided into everything related to social care, pensions, subsidies and aid for the beneficiaries based on their categorization by credited score and member category section 6 subsection a) to e) of the bylaws.
Should budget be available, the Social Action Council will be able to assign a quantity intended for social care benefits to represented members of up to 20% of their annual income.
Section 44.- Pursuant to Section 4, paragraph f) of the Bylaws, the funds available to the Social Welfare Council shall account for 6.5% of all income received according to the provisions of Section 30 herein and the contributions received by the Association, either directly or through cooperation agreements and/or treaties. Individual Scoring System:
Section 45.- The Individual Scoring System to be used for the implementation of the Social Benefit Allocation System, access to Social Assistance and the Social Security Compensation Fund shall calculate the number of points according to the following items:
- Por cantidad de películas realizadas y estrenadas: By number of films made and released: fiction feature films released on 35mm film in movie theaters that issue BOCs= 10 points. Fiction feature films released in digital systems in movie theaters that issue BOCs= 3 points. Documentary feature films released on 35mm film in movie theaters that issue BOCs= 5 points. Digital documentary feature films released in movie theaters that issue BOCs= 1 point.
- By number of audiovisual works broadcasted on TV: telefilms (fiction feature films for TV)= 1 point. Documentary feature films for TV= 1 point every 5 chapters released. Biographical, journalistic and/or educational documentaries for TV= 1 point every 80 chapters of 1 hour duration. Weekly series= 1 point every 13 chapters. Series= 1 point every 26 chapters. Miniseries= 1 point every 13 chapters. Daily shows or soap operas= 1 point every 60 chapters of 1 hour duration. Sitcoms= 1 point every 80 chapters. Comedy TV shows= 1 point every 40 shows of 1 hour duration. Sketches= 1 point every 150 sketches of 10 minute-duration. TV Shows for Kids= 1 point every 50 shows. In the event of co-direction, each Director shall be entitled to the corresponding part on a pro-rata basis pursuant to the Affidavit submitted in relation to such work. Films or audiovisual works that have not been managed by the Association shall not be taken into account for scoring purposes.
Section 46.- The points scored by seniority shall be calculated as one (1) point per year of membership with active involvement (attendance to members meetings, gatherings, etc.) in DAC. The maximum number of points shall be twenty (20).-
Section 47.- The score obtained according to the services provided to the Association as officer shall be as follows: ten (10) points for Chairperson, Vice Chairperson and General Secretary; seven (7) points for Treasurer and Social Welfare Secretary; six (6) points for Deputy Treasurer, Deputy Secretary General and Deputy Social Welfare Secretary; five (5) points for Voting Members; three (3) points for Comptrollers; two (2) points for members of Professional Councils or Special Commissions that may be created and/or appointed by the Board of Directors. The abovementioned points shall be additional to regular activities. For this purpose, only complete terms of office shall be taken into account, and they shall be calculated as from March 2006.-
Section 48.- The categories for the Social Action Council will be the following: Category A: those that have more than a hundred (100) points. Category B: those that have between fifty (50) and ninety-nine (99) points. Category C: those that have between ten (10) and forty-nine (49) points.
Section 49.- In order to access possible social action benefits, the Directors-Authors represented will have to demonstrate having been engaged in continuous activity in the audiovisual sector for 5 years prior to the date when the benefit was requested, having received two (2) settlements as authors’ right payments and have (1) publicly shown cinematographic work (or its equivalent) in their careers.
Social Security Compensation Fund
Section 50.- Section 50. In all cases, there will be a Universal Basic Benefit -a minimum amount resulting from the economic availability of the entity- for members over 65 years old who receive basic pension from the State. Members from Category C will only have universal basic benefit. Category B members will have universal basic benefit plus a supplement for the calculation obtained with the works stated in Section 7 of the bylaws. Category A members will have Universal Basic Benefit plus a supplement for the greater calculation obtained with the works stated in Section 7 of the bylaws. This benefit can be extended to the represented members based on budget availability. Budgets intended for these purposes (Social care and Compensation fund) will be approved and reserved annually for their execution.
GENERAL RULES REGARDING FEES
I. DAC’s List of Works and their Beneficiaries
Section 51.- DAC shall exclusively manage films and any other similar works, provided that their directors or their assigns are entitled to receive copyrights in relation to them, and they are not part of the public domain. The spaces referred-to in Section 7 of the Bylaws shall be assessed to determine the use of the works managed by DAC. Such works may be national or foreign, regardless of the nationality or country of residence of their director pursuant to Law No. 17741.-
Section 52.- For the directors of these works or their assigns to be entitled to collect copyrights in connection therewith, they shall submit the agreement entered into by them as film, TV or audiovisual director. Pursuant to Law No. 17741, DAC shall demand to the film or audiovisual producer submission of the agreement entered into with the relevant director modified pursuant to the template contract offered by DAC or else, with the addition of the following wording, which shall be required for authorization purposes: “the Director hereby reserves the right to receive equal compensation anywhere in the world for direct or secondary use or publication of the relevant film or audiovisual work, regardless of the media and format used or to be used in the future”. Authorized agreements shall be filed by DAC with the National Copyright Office pursuant to Law No. 11723.-
Section 53.- Notwithstanding the foregoing, by virtue of the legal representation held by DAC, the reservation of rights clause shall not be necessary for the collection in the national territory of the equitable remuneration in concept of fees for the secondary use of the cinematographic and audiovisual work, regardless of its country of origin. Such clause shall not be necessary either in foreign countries when such requirements are not demanded by the foreign entities referred to in National Decree 124/2009, Section 5°. The rights collected in connection with foreign works shall be kept on behalf of their beneficiaries until the reciprocal representation agreements are executed for settlement, as well as the rights of the members of DAC until their works are declared with the entity, in both cases for a term of two (2) years.-
Section 54.- Together with the submission of the abovementioned agreement, directors shall pay a fee amounting to 2% of the value of the agreement. If there is no amount provided for in such agreement, it shall be deemed that such amount is equal to 10% of the cost for producing the relevant film or audiovisual work. Payment of the abovementioned fee shall be required as from January 1, 2012.- II. Definition and Value of Fees
Section 55.- The fees collected pursuant to Resolution No. 61/2010 of the Cabinet Office, or any other fees agreed upon with the users of their works, shall not be fractioned, i.e. the use of any of the works provided for in Section 7 of the Bylaws, works in the public domain and, in general, works that are not managed by the DAC shall not be deducted on a pro-rata basis. The foregoing applies to the collection of rights arising from primary use of the works pursuant to the fees listed in the Exhibit attached to the Resolution under items I, II and III (movie theaters and wireless TV or CCTV), and to the collection of equal compensation for secondary use of the works (hotels, transportation means, hospitals, restaurants) pursuant to items IV and VIII of the Exhibit attached to the Resolution.-
Section 56.- DAC classifies its repertoire according to the greater or lesser artistic involvement of the Director, as follows:
- 1.Theatrical Films: All audiovisual works, regardless of their format, intended for commercial exploitation and released in movie theaters: Value= 15 points.
- 2. Television Films: All original audiovisual works created for television, similar to films and miniseries (up to 13 episodes): value= 3 points.
- 3. Television Shows: All audiovisual works created for television and released in episodes: Value= 1 point. In telecast channels, theatrical films shall have the same value than television shows when the rerun occurs in the same channel and in the same month. This category shall not be applied to the first broadcast, but on all reruns, until a waiting period of six month is detected without the broadcast of the same work and on the same channel.
Section 57.- Based on the report submitted by the television technical inspector, reserves shall be made for a decisive term of two (2) years to address claims regarding the screening of works in the spaces referred to in Section 7° in fine of the Bylaws, and, regarding the areas of primary use, a tenth part of what might correspond to works not managed by DAC due to a lack of an authorized agreement.-
III. Payable Fees for Availability of the Works
Section 58.- The statement to be used for the distribution of TV rights shall be in all cases the “schedule” containing the list of channels of each user. This information may be delivered in digital format, provided that the relevant controls are performed pursuant to the provisions of these internal regulations.-
Section 59.- TV channels shall perform a technical-artistic inspection every six months. Such inspection shall be entrusted to an expert Director/Author chosen randomly from the list of members of DAC available for such service. The work of the inspector is not remunerated; however, he/she may receive compensation and an advance payment for expenses to be incurred. The chosen inspector shall be notified and shall accept the position within five (5) days; otherwise a new inspector shall be appointed. For the performance of this task, the programming of each of these signals or channels of the “schedule” shall be recorded at random for one day. The inspector shall report the duration of the whole programming in minutes, the number of minutes of each category of works and their titles, and also the duration in minutes of the works provided for in Section 7 of the Bylaws. If there are material differences between the content of the “schedule” and the information reported by the inspector, such schedule shall be cancelled and the relevant measures shall be taken with the informant in relation to any inaccuracies.-
Section 60.- Pursuant to the outcome of the technical-artistic inspection, the points of each work shall be multiplied by their number of minutes. The resulting number shall be the factor applied on the revenues and the result shall be the value allocated to each work. Payments shall be made every six months in arrears.-
Section 61.- In relation to the rights payable for the availability of works for secondary screening (hotels, hospitals, transportation means, etc.), the results of the settlement of other items for primary screening can be considered, except that these rights shall be settled regardless of whether DAC members submitted the required contract. It is understood that directors in general act as co-producers, which is considered as the reservation of rights required for contract authorization.-
Approved at Extraordinary General Meeting on December 7th, 2011 and October 26th, 2016
Buenos Aires, …… de ……………… de 20..
DIRECTORES ARGENTINOS CINEMATOGRÁFICOS - D.A.C.
Asociación General de Directores Autores Cinematográficos y Audiovisuales
Ref.: SOLICITUD ASOCIACIÓN
De mi consideración:
Quien suscribe, ………………………….. solicita por la presente la incorporación en calidad de socio en la categoría de “Administrado B” de Directores Argentinos Cinematográficos - D.A.C. Asociación General de Directores Autores Cinematográficos y Audiovisuales
Declara bajo juramento: a) haber leído el estatuto y reglamento interno de Directores Argentinos Cinematográficos - D.A.C. Asociación General de Directores Autores Cinematográficos y Audiovisuales y estar en un todo de acuerdo con sus términos comprometiéndose a cumplir con los deberes de asociado/a y a respetar todas las normas estatutarias y éticas; b) haber tomado debido conocimiento de los derechos y obligaciones establecidos en los mismos, c) que los datos aportados al pie se corresponden con la realidad y d) no pertenecer a ninguna otra asociación de directores audiovisuales cuyos fines pudieran estar en conflicto o contraposición con los de DIRECTORES ARGENTINOS CINEMATOGRÁFICOS - D.A.C. Asociación General de Directores Autores Cinematográficos y Audiovisuales.
El suscripto se encuentra debidamente notificado que el falseamiento de los datos denunciados producirá el rechazo automático de la presente solicitud o la pérdida de la calidad de asociado en su caso.
Documento tipo: Nro.: