Key data
| Regulation | Agreement of July 2, 2026, First Section of the Intellectual Property Commission — General tariff resolution for television operators for communication and reproduction of phonograms published for commercial purposes |
|---|---|
| BOE Publication | July 11, 2026 |
| Effective date | July 12, 2026 |
| Affected parties | Open and pay-TV operators broadcasting recorded music in Spain |
| Management entity | AGEDI-AIE |
| Applicable rate | 4.53% on weighted television operating revenue |
| Frequency | Quarterly |
| On-demand online coefficient | 1.147 (multiplier for on-demand services up to 3 months after broadcast) |
| Category | Regulatory Changes — Intellectual Property |
Television operators in Spain have had a binding general tariff since July 12, 2026 to pay for the use of recorded music in their broadcasts. The First Section of the Intellectual Property Commission has published in the BOE of July 11, 2026 the resolution that sets these tariffs, applicable to both open and pay-TV stations, and which also binds the management entity AGEDI-AIE.
The regulation ends uncertainty about how much channels must pay to use phonograms published for commercial purposes —that is, recorded commercial music— in their regular broadcasts and in their on-demand online viewing services.
What does this regulation establish?
The resolution sets the general quarterly tariff that television operators must pay to AGEDI-AIE for two differentiated rights: the public communication of phonograms (live broadcast) and the reproduction of phonograms (technical copy necessary for broadcast and on-demand services).
The calculation formula combines three elements:
- Television operating revenue base: includes advertising revenue, subsidies for television activity, and subscriber fees.
- Excluded revenue: financial revenue and program sales. These are not part of the calculation base.
- Coefficient of intensity of musical use per channel: weights the revenue base according to how much recorded music each channel uses in its broadcasts. Channels with greater musical presence bear a higher effective base.
The rate of 4.53% is applied to the resulting weighted base to obtain the quarterly tariff.
For on-demand online services —those that allow viewing content broadcast up to 3 months earlier—, the tariff is multiplied by the coefficient 1.147, since these services involve greater use of the reproduction right.
| Concept | Included in calculation base |
|---|---|
| Advertising revenue | Yes |
| Subsidies for television activity | Yes |
| Subscriber fees | Yes |
| Financial revenue | No |
| Program sales | No |
Economic and operational impact
The direct economic impact depends on the volume of operating revenue of each operator and the intensity of musical use of its channels. The greater the presence of recorded music in the schedule, the higher the weighting coefficient and, therefore, the higher the amount to be paid.
Operators offering on-demand online viewing services (catch-up TV, proprietary platforms) will see their tariff increased by an additional 14.7% compared to the base tariff, due to the 1.147 coefficient. This particularly affects networks with active digital platforms where users can recover content broadcast in the last 3 months.
Operationally, the quarterly frequency requires establishing an internal process for declaration and settlement every three months, with the revenue base correctly broken down to separate included concepts from excluded ones.
Who does it affect?
- Open television operators broadcasting recorded music in Spain, regardless of their size or coverage (national, regional, or local).
- Pay-TV operators with broadcasts that include phonograms published for commercial purposes.
- Channels with on-demand online services (catch-up TV, on-demand viewing platforms for broadcast content), which apply the 1.147 multiplier coefficient.
- AGEDI-AIE as the management entity obligated to apply and collect these tariffs.
It does not directly affect production companies, advertising agencies, or advertisers, although the cost may indirectly impact the advertising rates of the channels.
Practical example
Suppose an open television operator with the following operating revenue in a quarter:
- Advertising revenue: €10,000,000
- Subsidies for television activity: €500,000
- Subscriber fees: €0 (open channel)
- Financial revenue: €200,000 → excluded
- Program sales: €300,000 → excluded
Included revenue base: €10,500,000
If the coefficient of intensity of musical use of the channel is, for example, 0.8 (generalist channel with moderate musical presence), the weighted base would be: €10,500,000 × 0.8 = €8,400,000.
Quarterly tariff: €8,400,000 × 4.53% = €380,520 to be paid to AGEDI-AIE that quarter.
If that same channel also offers an on-demand service, the tariff corresponding to that service would be multiplied by 1.147, increasing the total settlement cost.
What should companies do now?
- Review the channel's revenue structure: identify which revenue enters the calculation base (advertising, television subsidies, subscriber fees) and which is excluded (financial, program sales). Incorrect breakdown can lead to overpaying or underpaying.
- Determine the coefficient of intensity of musical use: analyze the programming schedule to estimate what proportion of the broadcast incorporates phonograms published for commercial purposes. This coefficient directly weights the taxable base.
- Identify if on-demand online services are offered: if the channel has a catch-up TV platform or on-demand viewing of content broadcast in the last 3 months, apply the 1.147 multiplier to the tariff corresponding to that service.
- Establish a quarterly settlement process: the tariff is quarterly, so it is necessary to define internally the declaration and payment schedule to AGEDI-AIE, with revenue data correctly classified.
- Contact AGEDI-AIE: coordinate with the management entity the specific settlement procedure and applicable declaration models, since the resolution is binding for both parties from July 12, 2026.
- Review previous contracts and agreements: if there were bilateral agreements or tariffs previously agreed with AGEDI-AIE, verify if they are modified or replaced by this binding general tariff.
Frequently asked questions
How is the quarterly tariff that television stations must pay calculated exactly?
The quarterly tariff is obtained by applying the rate of 4.53% to television operating revenue weighted by a coefficient of intensity of musical use per channel. The revenue that enters the base includes: advertising revenue, subsidies for television activity, and subscriber fees. Financial revenue and program sales are excluded. The intensity coefficient weights the base according to how much recorded music each channel uses.
What is the 1.147 coefficient and to which services does it apply?
The coefficient 1.147 is a multiplier that applies to on-demand online services, that is, those that allow the user to view content broadcast up to 3 months before the query (catch-up TV, on-demand viewing platforms for own broadcasts). It applies because these services involve greater use of the phonogram reproduction right, in addition to the public communication of the live broadcast.
When is it mandatory to apply this tariff?
The resolution is binding from July 12, 2026, the day after its publication in the BOE (July 11, 2026). Both television operators and the management entity AGEDI-AIE are obligated to apply it from that date.
What revenue is excluded from the calculation base of the tariff?
Financial revenue and revenue from program sales are expressly excluded from the calculation base. Only advertising revenue, subsidies for television activity, and subscriber fees are included.
Does this tariff affect local and regional television stations, or only national ones?
The resolution applies to all open and pay-TV operators broadcasting recorded music in Spain, without distinction of coverage. This includes national, regional, and local operators. The final amount will vary depending on their operating revenue and the coefficient of intensity of musical use of each channel.
Official source
Consult complete regulation in official source (BOE-A-2026-15194)
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-15194