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AGREEMENTS

The SOMAAP has set itself the tasks of holding several agreements with public and private institutions, domestic and foreign, as well as to update the already included in order to control the rights of its members and to negotiate fair payments for the use of visual artworks created by them. Such uses of the works can be of various types.

Sometimes it is the reproduction of the work in printed form as mentioned above and in other cases they may be within their use of audiovisual works to be disseminated through film, television, Internet, etc; either the recording of video grams, laser discs, DVDs or other similar means.

In these negotiations suitable arrangements have been made, both for artists and for the institutions that make use of their works.

Listed below are the agreements concluded by the SOMAAP and their characteristics:

AGREEMENTS WITH FOREIGN SISTERS COMPANIES

BRAZIL, ECUADOR, VENEZUELA, FRANCE, SPAIN, AUSTRALIA, LITUANIA, BELGIUM, GERMANY, UNITED STATES of AMERICA, ESTONIA, FINLAND, HOLLAND, ROMANIA, ITALY, JAPAN, ENGLAND, SWEDEN, DENMARK, CANADA, CHILE, CUBA, RUSSIA, SWITZERLAND and KOREA.

These agreements have been held for many years beginning in 1990, through them SOMAAP represents Mexican territory authors of visual art of various nationalities belonging to the company's signatories.

For their part those companies representing authors of visual art, partners with the SOMAAP in its own territory.

Thanks to these agreements it has succeeded in controlling the use of visual Mexican artworks in other countries, as these companies monitor requested authorizations reportedly collected and sent rights pertaining to our partners.

In the same way SOMAAP operates in Mexico with respect to foreign authors, obtaining a mutual dividend, it marks a way to control and recover the rights that legitimately relate to our artists, avoiding his works are used and reproduced indiscriminately.

AGREEMENTS WITH NATIONAL PUBLIC INSTITUTIONS

NATIONAL INSTITUTE OF FINE ARTS, INBA NATIONAL COUNCIL FOR THE ARTS AND CULTURE, CONACULTA

These agreements are extremely important and have constituted a watershed in the history of SOMAAP because these institutions had been using Mexican visual artworks without authorization and without cover payments for the authors.

Through these agreements the public institutions recognize the right of the author corresponding to the artists and cover the SOMAAP payments generated by those works reproduced in books, brochures, postcards, posters, etc, handing over a list of artists whose works have been reproduced, so that the SOMAAP can properly allocate the respective rights.

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PROCEDURES

Once representations have been obtained through the above agreements it is the conduct of negotiations and the granting of authorizations, as well as their charges or, the beginning of legal proceedings to stop the unauthorized reproduction of certain visual art works.

For their part, companies with foreign authors with which the SOMAAP has concluded an agreement, monitor the works of Mexican authors who are reproduced within its territory, duly authorized and charged the cover payment for the SOMAAP.

In most cases those same companies who are reported to the SOMAAP, request use of the visual artwork, once the use of the work in question is authorized they then claim the rights and send the amount collected.

The SOMAAP in turn does the same for visual artwork in Mexico, they monitor foreign works reproduced in Mexico are permitted, to seek the necessary permits for reproduction, gaining the rights and sending them to the country concerned.

In both cases the income it earns the SOMAAP for copyrights, are subject to a percentage for administrative and operating expenses, which guarantees the economic survival of the society and which is fixed on the basis of reciprocal agreements among the various societies.

International agreements have other benefits, for example, SOMAAP actively participates in the celebration of the various presentations by authors of visual artworks that are made in the foreign museums of our country and collects the rights of works reproduced in catalogs, postcards, posters, etc.

This is quite significant, given that the international presence of SOMAAP has increased its prestige and results in greater benefits for their members.

With regard to the agreements with public institutions, procedures are similar and the achievements are obvious. Since the cultural units have begun to assume they should consult the SOMAAP when making reproductions or using three-dimensional works, and little by little has come to take better control of the various uses of them.

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THE FUTURE

In recent years SOMAAP has met expectations which were impossible to carry out during the beginning of the term.

The pacts and negotiations that have taken place abroad and within our country have shown that SOMAAP is reliable and has honest management to which authors can use without fear of being cheated. However we must remember that the SOMAAP is not only its Board of Directors, SOMAAP is structured by each and every one of the artists, who have an obligation to share both the triumphs and the responsibilities of their society.

The strength of a collecting society is the active participation of their members and front, with no individual or personal interests.

Even when you belong to other associations for the visual arts union, the SOMAAP ensures monitoring of the works and the collection of royalties due to their authors, because this is the Collective Management Society only authorized to operate as such by the National Institute of Copyright.

It is the view that our country has changed. No person can nor should remain detached from these changes at the risk of watching events pass without being able to exercise their freedom to express their opinion or judgment.

Change is in the air and authors of visual artwork must make their voices heard and not be quiet until thier purposes have been achieved, these purposes for many years have been neglected and now finally can be made tangible.

Actively participate, remain united in the struggle daily, not silenced before inequitable and unjust acts, raise their voices in the appropriate forums and come together in solidarity around the SOMAAP are the paths to follow in the near future.

If your work is related to the visual arts, contact us and become part of the future with the SOMAAP. Then you will know the steps to follow and documents required to join us and to start receiving the benefits that SOMAAP grants to its members.

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