The General Agreement
Insofar it is a singular work, outside the Internet, the exploitation agreement only extents to the translation and execution of the text itself of the Convention. However, the Convention defines a model of participation which is based on the particular will of the participants. The participants are lawful citizens, who can incorporate in their contractual agreements a reference to the Convention, so the Convention becomes integral part of the agreement, and it engages the signatories. Conversely, the reference to CITI widens the contractual possibilities and commitments to all the countries and in all the languages in which the Convention was translated. We can say that the Convention assumes a normalization role when, in a private contract, the signatories parts register a declaration of conformity in3activa®
and adhere to the arbitration provisions of the Convention. The set of clauses and procedures which come a private contract into effect, when this one incorporates the In3activa®
declaration of conformity, receives the name of General Agreement
The General agreement is based on two financial mechanisms: the levy rule, on nominal receipts of translation or interpretation services (this principle can be extended to any type of service), and the Sharing Rule on exploitation receipts, in connection with the rights of version of translatable works (this principle can be extended to any type of product development). The quantities obtained receive the name of censal funds
because they are actually participant's nominal accounts, and they determine the capital of vote of the voters. The reason for this is that no established organization can be considered the holder of these funds, but only his agent. On the other hand, these funds are united
because the entities that manage them are subordinated
to the decisions adopted by procedure.
For a better understanding of the General Agreement, let us consider the two kind of traditional, nonexclusive agreements, as used in translation and/or exploitation of a work. The first alternative is the service agreement, in which the author (or his rights-holder) remunerates the translator's services according to fees fixed by advance, without transfer of copyrights on the work. The second is a publishing contract, where the author yields his commercial rights, including the right of version in all the languages, in exchange of proportional royalties based on benefits obtained by the exploitation of the work, that is, of any version.
In a similar way, the financial model of the General agreement presents two variations: the General Services Agreement (GSA), and the General Exploitation Agreement (GEA). The first alternative orders a levy on the translation services, versed on a participant's nominal deposit account
. The second alternative applies a rule of sharing on the receipts of exploitation, a part of which is versed on a exploitation fund.
The censal funds
, mentioned above, indicate the sum of both kinds of funds: nominal funds and exploitation funds. The participants share execution rights
on the totality of the censal funds, proportional to their contribution in their nominal deposit, which are: the Voting Capital
used in the associative vote; the Insurance Capital
in the event of mediation and arbitration; and lastly, the Return of Exploitation
, i.e. the financial income that the funds can produce.
The Convention is by itself a translatable work and, consequently, the receipts obtained from its exploitation are also included in the General agreement. The principal receipt of the Convention is the Certificate of execution
, already mentioned, which is presented in the form of a contract of transfer of exploitation rights. Strictly speaking, the licensed rights do not includes the economic and administrative model of the Convention, because an idea is not even considered as a protected patrimony. Rather, the license covers the right, granted to the Certificate holder, to personally exert the trusteeship of the Convention, namely: the right to vote and to be candidate, in conformity with the procedures introduced by license of execution. For this reason, the Certificate of execution satisfies all the requirements of a transfer of commercial rights: it is limited in the duration and the extent. Issuing the certificate is ensured by District Entities, which fix the price of this certificate freely. Over these receipts, the rule of division apply, and the resulting shares are transferred to the trustees, to the Trusteeship Administration, and finally, to the exploitation funds of the Entity. Because the Convention is a contract and a translatable work, it is not an exception to the rule: the In3activa®
author's mark appears in the title, and it must be interpreted literally, like a public statement of conformity.
Internet© 1999-2005 Unofficial Version - firstname.lastname@example.orgGLT-EN version 1.5 (http://www.in3activa.org/doc/es/LGT-ES.html)In3ActivA® is an author's mark subjected to the provisions of the Convention.