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Decree 765/2023: New Regulation on Public Performance and Copyright Royalties.

Decree 765/2024, published in the Official Gazette on August 28, 2024, introduces significant changes to Argentine copyright regulations. This decree modifies Articles 33 and 35 of Decree 41.223/1934, eliminating the collection of copyright fees for the performance of music and cinematographic works in certain private settings.

Changes Introduced by the Decree

In the previous wording of Article 33 of Decree 1914/2006, “public performance or representation” of a work was defined as one performed in any place other than an “exclusively family residence. Even within a family residence, it was considered a public performance if the representation or performance was projected or broadcast externally.

The recently published decree redefines “public performance or representation” as follows:

  • “Public performance or representation” refers to any performance that is carried out, regardless of the purpose, in a publicly accessible space, freely and directed at a plurality of people.
  • It is not considered a “public performance or representation” when it takes place in a private setting, whether of permanent or temporary occupancy. This narrows what was considered a public setting and expands the “private setting.”
  • Additionally, the modification establishes that performances by performers or singers, or through mechanical, electronic, or digital means, including Internet broadcasting, will be considered public performances.

Furthermore, Article 35, which regulates the authorization that must be obtained from authors for the public performance of their works and the remuneration that must be paid for such performances, has also been modified.

  • The previous decree referred only to the public communication of “phonographic records and other sound recording media,” while the new wording includes “musical and cinematographic works.”
  • The obligation to pay copyright fees would only remain for the public performance of these works at events and activities that have a “public” character under the new terms of Article 33, and only when there is an economic benefit.
  • The new text clarifies that a public performance will be considered duly remunerated when an establishment uses a license granted by the rights holders, their heirs, representatives, collective management societies, or a platform authorized for that purpose. Therefore, it will no longer be only the management societies that can grant authorizations for public performances.

Impact of the Decree

From the perspective of authors and rights holders, this measure may have negative consequences. The elimination of copyright fees in certain settings now considered private (such as private parties or hotel rooms) could significantly reduce the income received by creators of music and cinematographic works.

Collective management entities such as the Argentine Society of Authors and Composers (SADAIC) have expressed concern about the financial impact this regulation may have on their members.

Challenges

This decree, promoted by the current government, is part of a series of policies aimed at economic deregulation and reducing bureaucratic costs. However, its implementation presents significant challenges for balancing copyright protection with flexibility in fee collection in certain circumstances.

Undoubtedly, this is a topic that will continue to be the subject of debate and analysis in the coming months.

For more information on how these changes may affect your rights or responsibilities, please do not hesitate to contact us.

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