Through Decree 765/2024, the Argentine government has enacted significant amendments to Intellectual Property Law No. 11723, redefining the concept of public performance.
Originally enacted in 1933, Argentina’s Intellectual Property Law was designed to protect the rights of artists—authors and performers of literary, musical, theatrical, cinematographic, and other creative works—by granting them control over the use and commercial exploitation of their works and performances.
Over the decades, collective management societies have emerged to support rights holders by negotiating licensing terms and ensuring fair remuneration for the use of their artistic creations.
Until now, the law had not been modified since 1945. The new changes—aimed both at benefiting the hospitality industry and adapting to technological advancements and new forms of artistic creation and consumption—introduce updates to Articles 33 and 35, with particular emphasis on the royalties collected by the Argentine Society of Authors and Composers of Music (SADAIC).
Amendment to Article 33: Definition of Public Performance
Previously, Article 33 defined public performance as any representation taking place outside a private family residence or, if within such a residence, when the performance was “broadcast to the outside.”
Under the new wording, a public performance is now defined as any representation of a work that takes place in a “public space, open and directed toward a plurality of persons,” explicitly excluding activities conducted in private settings, whether permanent or temporary.
The updated definition extends beyond live performances to include the transmission of musical or cinematographic works and dissemination through mechanical, electronic, or digital means, including the Internet.
Amendment to Article 35: Regulation of Copyright
Another significant change was made to Article 35 of Decree 41.223/34, which had previously prohibited broadcasting companies from transmitting phonographic records without the express authorization of the author or rights holders.
The revised article now encompasses musical works, cinematographic works, and phonograms, requiring authorization from the copyright holders, their successors, their representatives, or collective management societies for transmission through any medium.
The second paragraph grants these rights holders—or their duly authorized platforms—the right to offer licenses and to receive remuneration whenever their works generate direct or indirect economic benefits. It further stipulates that such remuneration will be deemed fulfilled “when an establishment uses a public performance license granted by the rights holders, their successors, representatives, collective management societies, or a platform authorized by them to offer licenses for this purpose.”
Finally, the amended article establishes that no royalty payment will be required for occasional uses of works for educational purposes or patriotic commemorations in official or state-authorized educational institutions.
If you need legal advice regarding your copyright or related rights, contact us at info@lermanszlak.com
