Since February 24, this regulation, issued by Argentine Copyright Office, establishes a Voluntary Administrative Mediation Procedure, whose objective is to provide a technical and free instance to solve fees controversies between collective management organizations and users.
What does Disposition 2/2026 regulate?
The regulation establishes a regime so that users, sector chambers, and collective management organizations can negotiate fees for the use of protected works within an institutional environment.
This process is governed by five pillars that guarantee equity: voluntariness, gratuity, impartiality, confidentiality, and celerity. This is an alternative and non-jurisdiccional administrative process, that coexists with mandatory pre-trial mediation, but stands out for its technical and specialized approach.
Key points of the new procedure
- Legitimacy for Chambers: One of the main advantages of this mechanism is that it allows sectoral chambers to negotiate general tariffs for an entire sector, preventing each user from having to conduct individual negotiations.
- Virtual Proceedings and Efficiency: Hearings will be held primarily via videoconference, facilitating nationwide participation. In addition, the process may not exceed three hearings, except in exceptional cases agreed upon by the parties.
- Free of Charge: Unlike other dispute resolution methods, this proceeding is completely free of charge for the parties.
- Voluntariness: Attendance is voluntary. If the respondent fails to appear, the claimant may either close the proceeding or request a new date. If the claimant fails to appear without justification, the proceeding will be closed.
- Inter parties effects: In case of an agreement, it is binding only upon the participating parties. Once the mediation proceeding is closed, no new proceeding may be initiated concerning the same subject matter and between the same parties, unless new circumstances arise.
Dynamics and rules of the hearings
The process begins with the submission of a digital form through the Copyright Office website. Once the application is accepted, a specialized mediator is assigned.
It is important to note that the mediator may request technical assistance from Copyright Office agents, whose collaboration will be limited exclusively to clarifying the applicable regulatory framework, ensuring that the discussion remains within the legal parameters of intellectual property.
While the assistance of attorneys or technical advisors is optional, the complexity of related rights and fee calculation formulas makes expert legal counsel highly recommended to protect a company’s intangible assets or economic interests.
This new instance represents a strategic opportunity to resolve controversies between users and rights managers through technical dialogue and consensus.
To manage your registrations or initiate administrative mediations, please write to us at info@lermanszlak.com.
