DNDA Regulates Voluntary Mediation in Collective Management

Through Provision 2/2026, the Copyright Office (DNDA) approved the Voluntary Administrative Mediation Procedure Before the Copyright Office (Procedimiento de Mediación Administrativa Voluntaria ante la Dirección Nacional del Derecho de Autor), established in article 10 of Decree 138/2025 and in Ministry of Justice Resolution 536/2025. The Provision was issued on February 13, 2026, and entered into force on February 24, 2026.

The procedure applies to the disputes included in article 10 of Decree 138/2025, i.e., conflicts related to tariffs for the use of works protected by copyright and/or related rights, arising between users or sector trade associations and collective management organizations (CMOs) that are duly registered in the relevant registry.

According to the Provision, the mechanism will be available for:

1. individual users of protected works,
2. associations or users’ representative entities,
3. registered CMOs.

The Provision emphasizes that this is an alternative, voluntary, and non-judicial mechanism, governed by the principles of voluntariness, free-of-charge access, impartiality, confidentiality, and expedition. It also expressly clarifies that this procedure does not replace the mandatory pre-judicial mediation mechanisms established in the applicable law, does not enable court proceedings, and does not suspend or interrupt statutory or contractual deadlines.

Regarding the conduction of hearings, the general rule is that they will be held using digital tools, notwithstanding the possibility of in-person ones when the specific circumstances of the case or the parties’ requests justify so. The parties may appear personally or through duly appointed representatives.

Finally, the DNDA will keep an internal register of mediations initiated and concluded, safeguarding the confidentiality of the proceedings. Parties may not initiate a new procedure regarding the same subject matter and between the same parties, except in specific cases or where new or supervening circumstances justify requesting that It reopens.

Our copyright specialists can assist organizations and rights holders in designing negotiation and litigation strategies within the framework of this new regulatory regime.