Aerial filming

Shooting with drones

The Spanish Aviation Safety and Security Agency (AESA) is the organization responsible for regulating operations with drones. A Royal Decree was approved on 15 December 2017 to regulate the civil use of RPAs (remotely piloted aircraft), indicating that it is possible to fly over towns, people, controlled air space and at night, on presenting a safety study and with the prior authorization of AESA.

Drones cannot be flown within the CTR or controlled traffic regions around airports. The CTRs in Catalonia are marked in yellow on this link, affecting El Prat, Sabadell, Girona, Reus and Alguaire airports.

Further information is available on the AESA website or phoning 91 396 80 00 and asking for the drones unit, where a technician can answer specific questions from Monday to Friday, from 10 a.m. to 1 p.m.

Use of a drone in the context of filming (advertising or cultural) on public streets in Barcelona:

Barcelona City Council has a provisional protocol for the use of a drone in the context of filming (advertising or cultural). It is as follows:

1. Handle and pay the fee for processing of applications to occupy public streets (€89,59): In the section "type of fee" you have to mark: AUTOR.OCUP.VIA PUBL.FILMACIO
2. Apply for the licence to occupy public space for filming:

           - You must mention the presence of the drone (in addition to all the other needs for parking, installation of material, etc.)
           - Attach the specific self-declaration document for filming with drone and the payment receipt (carried out in Step 1).
           - You must include the effects of fulfilling the necessary safety measures indicated by AESA/Enaire for filming with the drone (traffic interruptions, pedestrian crossing interruptions, etc.) so that they can be studied and assessed.

     3. In processing this Licence, it is essential for the applicant to submit the following documents concerning the flight of the drone:

          - Authorization of AESA/Enaire
          - Proof of Notification of the Mossos d’Esquadra (regional police force)
          - Proof of Notification of USTO of the Guardia Urbana (city police force of Barcelona) (gu_usto@bcn.cat): with dates, times, location affected and dossier number of the licence being processed.           

Overflying cities

In accordance with Civil Aviation Regulations, overflying a city with more than 50,000 inhabitants as is the case of Barcelona is only permitted by twin turbine aircraft. Barcelona airport control centre must be notified so that they are aware of the presence of this plane on their radars. Moreover, it is very important to bear in mind that the minimum authorised height is 1000 feet (about 300 metres).

Filming with animals

To authorize the presence of animals in a show or film shoot, you have to submit the following application through a generic request that you can find in this link:

• Communication (it’s not a specific document) stating:
  - Participating animals (species, number and origin); in some cases, certain sanitary requirements or sanitary documentation are needed to move animals, a procedure to be carried out by the Official Veterinary Service of the place of origin.
  - Place and dates.
  - Facilities provided to house the animals according to the days and number.
  - Description of the activity to carry out with the animals.
  -Name and telephone of the contact person or vet responsible for the animals.
  - Document (not a specific one) signed by a vet certifying that the animals will be kept in conditions and facilities that meet the minimum established requirements set by current legislation on animal welfare.
   
• Permit of the municipal council (if it’s a private property, also from the owner).

Authorization for filming fictional scenes of cruelty, abuse or suffering

Authorization is only necessary when the film recreates fictional scenes of cruelty, abuse or animal suffering for cinema, television and other broadcast media, in order to guarantee that the damage is simulated and the products and methods used don’t cause any pain to the animal. The request can be submitted through this link (only available in Spanish or Catalan). In case of doubt about the consideration of cruelty, abuse or animal suffering in the scenes to be shot, you can check with the Section for the Protection of Companion Animals (information only available in Catalan).

The final credits of the production must state that these situations are fictional and display the authorization number (article 10 DL 2/2008).

Wild Animals

In case of events celebrated with wild animals, all the facilities housing species of potentially dangerous wild animals must be registered at the Zoological Register (only available in Catalan and Spanish). According to the article 12.2 del DL 2/2008, it is forbidden to display and walk them on public roads. They can only be exhibited in private areas with authorization from the Technical Commission for the inspection of zoological centres with wild fauna and municipal authorization if necessary. If you have knowledge of this type of activity, you should inform the Section for the Protection of Companion Animals so the Technical Commission for the inspection of zoological centres with wild fauna authorizes the activity.

Transfer of animals

All animals that are moved through Catalonia must have a transfer health document (Movement Health Certificate) issued through this link. This document must be requested for each transfer; if the animals come from abroad or from another Autonomous Community, the local authorities are in charge of providing this document.

Filming with police

Mossos d'Esquadra

For filming in police stations or buildings of the Mossos d'Esquadra, the use of uniforms, official vehicles, or any other inquiries related to the image of the police force, please contact rodatges.mossos@gencat.cat.

Filming with explosives

As established in article 149.3, of the RA, the performance of any kind of competitions or activities with firearms, compressed air weapons of the 3rd category 3 or acoustic and salvo weapons that take place outside authorized shooting ranges, shooting galleries or spaces permitted by the competent authorities, will require prior authorization from the Delegate or Sub-delegate of the Government of the province in which they take place. Only the actions carried out by the Army and the various law enforcement agencies operating in Spain, as well as hunting activities, which will be governed by their special legislation are not subject to this requirement.

The organizers of the aforementioned activities must request authorization at least fifteen days in advance through this link, providing sufficient information on the venues, activities to be carried out, data on participants, weapons to be used and security measures adopted, all without prejudice to other authorizations that come from the competent authorities of the Administración General del Estado, the Autonomous Communities or the Local Corporations.

Also, art. 153 of the Arms Regulations (hereinafter AR) establishes that in historical recreations, public shows, filming and other scenic arts, only alarm and signal weapons, acoustic and salute weapons and unused weapons may be used, as well as collector's weapons referred to in article 107.

Possession and use of crossbows, classified by the AR in category 7th 2, require that their holder be the holder of a Weapons License type "E".

Regarding the arches, belonging to category 7th 5, their acquisition will require accreditation before the selling establishment and their consignment in the corresponding books of the respective sports cards in force.

The article 107 bis of the AR, provides that acoustic weapons and salvos may only be acquired by armories or companies authorized by the Central Intervention of Weapons and Explosives for the purpose of their temporary rental to natural or legal persons for their specific use in a historical recreation, filming, scenic art or public spectacle with the requirements and conditions determined in article 149.3.

CONTACTS:

SUB-DELEGATION OF THE GOVERNMENT IN GIRONA
Administrative authorizations
Avinguda 20 de Juny, 2
17001 - Girona
+34 972 069 337
autoritzacions.girona@correo.gob.es

SUB-DELEGATION OF THE GOVERNMENT IN BARCELONA
Administrative authorizations
Carrer Mallorca, 278
08037 - Barcelona
+34 93 520 99 21
autorizaciones.barcelona@correo.gob.es

SUB-DELEGATION OF THE GOVERNMENT IN LLEIDA
Administrative authorizations
Plaça De la Pau, 1
25007 - Lleida
+34 973 959 000
autorizaciones.lleida@seap.minhap.es

SUB-DELEGATION OF THE GOVERNMENT IN TARRAGONA
Administrative authorizations
Plaça Imperial Tarraco, 3
43005 - Tarragona
+34 977 999 120
personal_sanciones.tarragona@correo.gob.es

Shooting with action vehicles in the low emissions area

If, for filming reasons, it is necessary for an action vehicle without the environmental badge to enter the Low Emissions Area during restricted hours, the registration to the Register to be able to travel within the low emissions zones (ZBE) must be requested.

Find all the information to request it here.

Insurances and equipment transportation

Insurance policies

It is advisable to work with insurance companies that are accustomed to dealing with the audiovisual industry. The Barcelona Film Commission provides a large directory of insurance companies specialising in audiovisual production. All productions must have insurance covering the company's liability. To obtain certain shooting permits, the producer usually has to provide evidence that the appropriate insurance has been taken out.

Civil liability

Civil liability insurance covers any possible damages that those working on a production may cause to third parties. The insurance policy can be taken out with either a local company or a foreign one. It must cover the period from the start of production to the end of postproduction and is compulsory on all shoots.

Recorded material, negatives and others

There are many types of insurance policy: for possible damage to or loss of material during filming, transport or postproduction; sets, costumes and other accessories; unfavourable weather conditions; cars and other means of transport and accidents to cast and crew.

Coproduction and funding

Association with local production companies

Foreign companies often become associated with local production companies in order to delegate executive production, generally by means of a private contract. The local production company thus becomes responsible for filming and provides services during preproduction and production; postproduction is often completed in the country of origin. Generally speaking, it is agreed to pay a fee to the Spanish office for supplying its services, or a coproduction agreement is reached.

Companies and professionals

We count with a large number of professionals and companies with great quality that can make your project true. From production to exhibition, you can dispose Catalan professionals and companies to undertake your production.

Taxation and hiring

Transport and customs

Between EU member countries

For transport and customs between EU countries there are no fiscal frontiers and therefore there are no controls or formalities for the transport of material. Nevertheless, it is advisable to make a customs declaration for the material transported with a view to ensuring legal coverage.

The EU Member States are: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. You are advised to check special conditions that hold with regard to the last two members admitted by the EU, Romania and Bulgaria.

• More information about the EU:
  http://europa.eu
  http://ec.europa.eu/europedirect/index_es.htm
• Administrative Secretariat of the Catalan Regional Customs and Excise and Special Taxes Office
  http://www.agenciatributaria.es

Between non-EU countries: The ATA Carnet

The Chamber of Commerce and Industry (or its equivalent in each country) or import-export agencies are authorised to issue the ATA Carnet, a document that enables the export of audiovisual material on a temporary basis (forms must be completed in Spanish.) The ATA Carnet is used to transport goods and equipment for professional tasks: press, radio, film, technical installations, theatre, sports events, etc.

It is important to bear in mind that the movement of goods inside the EU customs and excise area does not require an ATA Carnet, except to and from the autonomous communities of the Canary Islands, Ceuta and Melilla.

A guarantee or bank cheque must be deposited at the Chamber offices for the sum established by each destination country, ranging from 25% to 100% of the value of the merchandise.

For more information about the use of ATA Carnets in any particular country, you should enter the www.camaras.org website, open the relevant file and view the most important data about the use of ATA Carnets in that particular place.

All material must be re-imported while the ATA Carnet is still valid. Information about the transport of merchandise to consulates is also available.

Transport of film

Transporting printed or developed film material always involves an export process. Even if the film is printed or developed in Spain, the positives, negatives and videos in question must be sent back to the country of origin as re-exported material. If the film has not been developed in Spain, it merely requires a note in English saying 'Do not open' and 'Do not X-Ray'.

Contracts

Working with personnel hired at source

In order for workers hired at source to be able to work in Spain, they need to apply for a Work Permit for the Cross-Border Provision of Services at the Spanish Embassy or any of the Spanish consulates in the country of origin. You do not need a business licence unless you intend to hire Spanish residents. If this is the case, you need to set up in Spain or contact a Spanish company. To hire Spanish residents, governed by Spanish employment law (see Point 3.2. Spanish Companies) and to carry out logistics in Spain, we recommend you contact a local services company.

Opening an office

Temporary office

To set up provisionally in Spain, any production company in the European Union (EU) must register with the local Tax Office (Hisenda), with the company documents or individual to represent it, to get a NIF, or Tax ID Code, with which the company will have to comply with the relevant tax obligations. Using this document, the company must register with the Spanish National InsurancE system (Seguretat Social) and for the IAE, or Tax on Economic Activities with the city council or local Tax Office of the town or city where they will be trading.

Opening a subsidiary in spain

The same procedure as for setting up a new company applies. The first step is to register as a company in the relevant registry and with the local Tax Office to get the NIF, or Tax ID Code; you then have to register for the IAE, or Tax on Economic Activities for the trading activity you are going to be doing, and finally you have to apply for registration with the Spanish National Insurance system (Seguretat Social). This company is independent from  the legal, fiscal and financial point of view and is subject to current regulations and to compliance with tax obligations.

Check our list of Consultancy and advisory firms at our Companies’ Directory.

Spanish National Insurance system

Health and safety on shoots

All companies with workers are obliged to observe health and safety regulations. Mutual associations are responsible for covering the risk of occupational injury and illness, and cooperate with preventing such risks (Law for the prevention of risks at work) at no cost to companies.

Hiring minors

Children under 16 can exceptionally engage in professional performances provided there is a previous performance licence issued by the Ministry of of Labour, Social Affairs and Families. The performance cannot put the child’s physical or mental health at risk, neither should it affect his/her education.

You can check all the relevant information and apply for the licence online by following this link.

Film rights

Author's rights

Who is an author?

The copyright of a literary, artistic or scientific work belongs to the author simply because of its creation. The author, therefore, can only be the person who creates a literary, artistic or scientific work and it is to him or her that copyright belongs. The simplest way of accrediting the ownership of a work is to enter it in the Copyright Register. Once the work has been registered the author holds the rights to it.

The authors of an audiovisual work

For audiovisual works, the author can be considered to be:

1. The director
2. The authors of the literary elements: plot, screenplay, dialogue, adaptation
3. The authors of the musical compositions and lyrics

What are these rights?

There are two types of copyright: patrimonial rights and moral rights.

atrimonial rights can be ceded and are the rights to reproduction, distribution and public communication and transformation. These rights are expressed in different modalities or formats for use.

Moral rights, which cannot be ceded, concern recognition of authorship and integrity of the work created and may not be waived or transferred. The audiovisual producer is the individual or company who takes the initiative and assumes the responsibility for an audiovisual work. The producer has the exclusive rights to the public communication, reproduction and distribution of the recording.

Cession of copyright

The contract for production of the audiovisual work is considered to establish that the exclusive rights to the reproduction, public communication and distribution of the work, as well as dubbing and subtitling, have been ceded exclusively to the producer. The law requires any cession of rights contract to be established in writing, making clear the rights ceded, the forms in which the rights can be exercised, the formats, the territory and the terms of the cession. Normally, cession of rights is made exclusively and/or for a specified number of years. However, non-exclusivity can also be negotiated.

Management of royalties

Every time an audiovisual work is shown at a cinema or on television, royalties are generated. Before claiming those royalties, one has to be a member of an authors' association and register the audiovisual work, indicating the percentage that corresponds to each of the authors for the performance of the work. The only requirement is that the work must be given its first performance or shown in a medium that generates rights: a cinema, a television channel, etc. Having registered the work, the author can receive the patrimonial rights established under Intellectual Property Law. The collective organisations that manage rights to audiovisual works authorised by the Ministry of Education, Culture and Sport are SGAE and DAMA.

• General Society of Authors and Publishers (SGAE)
  Pg. de Colom, 6. 08002 Barcelona
  Tel. (+34) 93 268 90 00
  Fax (+34) 93 268 90 01
  http://www.sgae.es
• General Society of audiovisual Author's rights (DAMA)
  C/ Alcalá, 20, 2, Of. 215-217.
  28014 Madrid
  Tel. +34 91 531 49 94
  Fax +34 91 531 32 96
  dama@damautor.es
  http://www.damautor.es

Share of royalties

The two management entities (SGAE and DAMA) have drawn up lists of standard percentages for the distribution of royalties for a particular work. However, both give priority to previous agreements between the authors before applying these percentages, which are: - 25% for the director - 50% for the literary part [25% for the plot and 25% for the screenplay] - 25% for the musical part

Reservation of rights clause

These rights management companies advise authors of audiovisual works to include a reservation of rights clause in the production contract. Failure to reserve broadcasting rights means that they may not receive 100% of the income due and may be left with only one-fifth (20%) of the total.

Performers' rights

Performers' rights -understood in the widest sense of actors and actresses, as well as the musicians who perform the score- are regulated and controlled by copyright law.

Moreover, the law recognises patrimonial rights, expressed in the following way: - Exclusive authorisation of direct or indirect reproduction of the performances. - Exclusive authorisation of public communication of the performances. - Exclusive authorisation of distribution of copies of the performances. Furthermore, the artist's right to receive fair payment is recognised for the communication, hiring, loan and private copying of the audiovisual work. These rights and the corresponding payments will be handled by a management body. In the case of actors and actresses, this organisation is AISGE, the Spanish Management Company for Artists and Performers (AISGE), whilst in the case of musical performers and artistes, it is AIE, the Association of Artists, Players and Performers. These rights are in force for 50 years from the time of the performance or from when the recording is distributed. Artists have other rights similar to the author's moral rights. They have the right to oppose their performance being mutilated, deformed or subjected to any other act that may damage their prestige or reputation. They also have the exclusive right to authorise the dubbing of their performance in their own language, and this authorisation must be given expressly. They may exercise these moral rights throughout their life and, after their death, their next of kin may exercise the same rights for 20 years. Actors and actresses -leading and supporting players and other members of the cast- must be hired by a work contract, due to the conditions of transferability and dependence that define the relationship established between the actor and the production company.

Furthermore, the artist's right to receive fair payment is recognised for the communication, hiring, loan and private copying of the audiovisual work. These rights and the corresponding payments will be handled by a management body. In the case of actors and actresses, this organisation is AISGE, the Spanish Management Company for Artists and Performers (AISGE), whilst in the case of musical performers and artistes, it is AIE, the Association of Artists, Players and Performers.

These rights are in force for 50 years from the time of the performance or from when the recording is distributed. Artists have other rights similar to the author's moral rights. They have the right to oppose their performance being mutilated, deformed or subjected to any other act that may damage their prestige or reputation. They also have the exclusive right to authorise the dubbing of their performance in their own language, and this authorisation must be given expressly. They may exercise these moral rights throughout their life and, after their death, their next of kin may exercise the same rights for 20 years. Actors and actresses -leading and supporting players and other members of the cast- must be hired by a work contract, due to the conditions of transferability and dependence that define the relationship established between the actor and the production company. The second state collective agreement that regulates the labour relations between the producers of audiovisual works and the actors -but not the extras- who supply their services is currently in force. This agreement can be found in the official parliamentary journal, BOE no. 89 of 14 April 2005. Actors, dancers, dubbing actors and stage directors can be paid royalties. The hiring of musical performers is subject to the same regulations as that of extras and therefore they are not paid royalties.

• Actors and Performers Management Society in Spain (AISGE)
  Consell de Cent, 433, pral. 1a
  08009 Barcelona
  Tel. + 34 93 412 76 22
  Fax + 34 93 265 35 77
  http://www.aisge.es/index.php
• Performer and Player Artists (AIE)
  Pl. d'Ibèria, 4
  08014 Barcelona
  Tel. (+34) 93 292 05 55
  Fax (+34) 93 292 14 59
  http://www.aie.es

Producer's rights

Producer of an audiovisual recording is taken to mean the individual or company who takes the initiative and the responsibility for that recording. In accordance with copyright law, the audiovisual producer has the following rights: - The producer of the first recording has the exclusive right to authorise the reproduction of the original and of any copies of it. - The producer has the right to authorise any public communication of the work. - The producer also has the exclusive right to authorise the distribution of the original and the copies. This right may be transferred or ceded or be the object of concession of licence contracts. - The producer has the right to a fair remuneration for any public communication of the audiovisual work, and the right to remuneration for private copies. The term of the producer's rights is 50 years, calculated from 1 January of the year following production.

• Audiovisual Producers' Rights Management Company (EGEDA)
  C/ Consell de Cent, 419, 2-1.
  08009 Barcelona
  Tel. (+34) 93 231 04 14
  Fax (+34) 93 231 33 36
  http://www.egeda.es

Intellectual property rights register

The Intellectual Property Rights Register is an organisation established under Intellectual Property Rights Law, the aim of which is to register works which can be protected in the competent register. It is a system for accrediting the authorship of a registered work and for deciding who owns the corresponding economic and commercial rights. There is a single register for the whole of Spain, but this takes a decentralised structure in the form of local registers. In the case of Catalonia the register comes under the Catalan Government Department of Culture. Registering a work in the Copyright Register is voluntary, but doing so accredits the authorship and the rights of use derived from it for the whole of the author's life and 70 years after his or her death or declaration of death. The copyright symbol indicates the exclusive holder of the commercial rights to a particular work. After the holder's name, the place and date of the publication of the work must appear. No administrative process is required to make use of this symbol. Apart from this, all Catalan audiovisual works must be registered at the offices of the Legal Deposit Office of Catalonia, whose main function is to file and conserve everything published in Catalonia in all formats, and to ensure that this material is available at all times.

Intellectual Property Right Register

• Oficina del Dipòsit Legal de Catalunya
  Gran Via de les Corts Catalanes, 184, baixos (Edifici la Campana)
  Tel. (+34) 93 363 28 75
  http://cultura.gencat.cat/rpi

Other rights

Apart from royalties or copyright there are other rights, such as industrial property rights, reputation, privacy and image rights. You should note, moreover, that rights also attach to paintings, songs, photographs and moving images used in an audiovisual work.

Industrial property rights

En relación con la Ley de Marcas, este derecho se asocia a un producto o a una marca. En algunas obras audiovisuales, es recomendable registrar como marca el título del programa en un programa de televisión o en un documental, los nombres y las formas de determinados personajes en el caso de una obra de dibujos animados, las frases los eslóganes o determinados logotipos en el caso de un anuncio de publicidad, y el título y el nombre de los personajes principales en el caso de una película de ficción.Related to Trademark Law, these rights pertain to a product or brand. In some audiovisual works, it is advisable to register as trademarks the title of a television programme or documentary, the names and shapes of certain characters in a cartoon film, the phrases, slogans or specific logos used in an advertisement, or the title and names of the main characters in a fictional film.

In any case, it is advisable to study, for each case, the elements that can be protected and controlled under Trademark Law (especially when there is to be merchandising) and to register these in the appropriate category.

There now exists a technique for financing audiovisual work called 'product placement'. This form of financing has caused controversy because it has clashed with the ideas of television without borders, unfair competition and consumer protection, among other things. Product placement consists of introducing indirect advertising for a product, service or trademark within the dramatic setting of a film or an audiovisual work to the extent that it ends up being involved with the characters and the plot.

To use this resource, it is necessary to obtain express written authorisation from the owner of the product and the producer of the audiovisual work, particular as regards where it should be placed, the type of product or trademark used, the way it is used, the ownership of the images and exclusivity