In order to streamline the deposit process with the National Copyright Office (DNDA), Decree 972/2024 came into effect on November 1st, introducing significant changes to the legal regime of unpublished works.
Here are the main changes introduced by the new regulation:
Deposit of Unpublished Works
Article 62 of Law 11.723 established that, for unpublished works, the author or their heirs could deposit a copy of the manuscript with a certified signature of the depositor.
Decree 972/2024 introduces two key updates:
- The deposit of an unpublished work may now be made in any format that allows for its storage and preservation, within a sealed envelope signed by the applicant.
- A major innovation is the option to submit the work as an encrypted and digitally signed file, ensuring the custody of the work and preventing any alteration of authorship or content.
Prior to this decree, the procedure for depositing an unpublished work included a virtual submission through the TAD platform (Trámites a Distancia) and the physical submission of the work to the DNDA. With this modification, unpublished works may now be submitted in either physical or digital format.
Validity and Renewal of the Deposit
The new decree establishes that the deposit of an unpublished work will have a validity period of 36 months (3 years) from the issuance of the deposit certificate by the DNDA, and may be renewed for equal periods.
Article 2 specifies that the renewal may be requested by the author or co-authors, and in the event of the author’s death, by their heirs or successors. Furthermore, a holder of an unpublished work who is not the author but whose legitimacy is derived from a contract registered with the DNDA may also request the renewal.
If the renewal is not requested within 30 working days after the expiration date, the DNDA may proceed with the destruction of the deposited work.
Return of the Work
In the case of works deposited in physical support (not digital), the return of the work may be requested by the author or co-authors, and in the case of their death, by their heirs.
As with the renewal, the return may also be requested by the owner of the work if the contract is registered with the DNDA and has the authorization of all the authors involved.
These updates, which incorporate new technologies and allow for the remote submission of unpublished works, provide authors with a more streamlined and direct way to protect their rights, as well as contributing to the efficiency of the process by speeding up procedures and guaranteeing greater legal certainty. A necessary update to keep up with the needs of today’s digital environment.
If you need advice on how to register your copyrights in Argentina, contact us at info@lermanszlak.com
