The Government of the Republic of Argentina has recently issued a series of decrees aimed at modifying the management system for copyright and related rights in the country.
These provisions amend the regulatory decree of Law No. 11,723 (Intellectual Property Law) and the existing regulations, which previously established an exclusive collective management system for certain entities. The new framework now allows for the coexistence of multiple collective management organizations.
Collective Management in Argentina: Previous Regulatory Framework
Collective management organizations (CMOs) are responsible for administering copyright and related rights on behalf of rights holders. Their functions include collecting and distributing royalties generated from the use of creative works. Before the implementation of these decrees, the Argentine system authorized only one society per type of copyright, and rights holders were required to affiliate with the designated society to manage their rights. Among these organizations are the Argentine Society of Authors and Music Composers (SADAIC), the Argentine Association of Performers (AADI), the (CAPIF), the Argentine Society for the Management of Performing Actors (SAGAI), and the Civil Association of Argentine Film Directors (DAC).
Decree 138/2025: Deregulation of Collective Management
Decree 138/2025, published on February 27, 2025, establishes that “copyright and related rights holders may join one or more collective management organizations or exercise their rights individually.” This new regulation allows for the coexistence of multiple CMOs with similar objectives, encouraging the creation and competition of such entities while giving rights holders the option to choose among different organizations. Additionally, authors are now recognized as having the ability to manage their rights individually, providing greater flexibility in the administration of their works.
Regarding the process of setting fees, Decree 138/2025 stipulates that fees must be negotiated between rights holders and collective management organizations, ensuring a fair and proportional distribution based on the actual use of works, performances, or productions. The decree states that fees must consider factors such as the duration and actual use of works, the type of user activity, the economic benefit obtained, the rates for similar activities, and the impact on the user’s cost structure. The Ministry of Justice may intervene through mechanisms for fee determination and dispute resolution between users or sectoral chambers and CMOs.
Decrees 143/2025 and 150/2025: Review of Existing Entities
Decrees 143/2025 (dated February 28, 2025) and 150/2025 (published on March 5, 2025) focus on reviewing and adapting the representation framework of previously recognized entities.
These organizations must update their Articles of Association and Rules to comply with the new legal framework within 180 days from the date it takes effect.
Among other modifications, existing CMOs must adjust the fees that users are required to pay according to the fee-setting process established in Decree No. 138/25. Additionally, they must ensure that royalty distribution criteria are fair and auditable and implement internal and external control mechanisms to guarantee proper accountability.
Challenges
These decrees represent a significant shift in Argentina’s copyright and related rights management system.
The reforms aim to promote competition and greater transparency in rights management. However, they face opposition from some collective management organizations, which warn of potential impacts on their structure and the protection of rights holders.
For more information on how these changes may affect the administration or commercialization of copyright, feel free to contact us.