Collective procedure for Audiovisual and Cinema Author Directors

On February 24, 2009 Decree No 124/2009 was published in the Official Gazette. This Decree confers to Argentine Cinema Directors (Directores Argentinos Cinematográficos – “D.A.C.”) the national representation to author directors of motion pictures and audiovisual works, national and foreign, and their rightful owners, to perceive and administrate the taxes pursuant to local Intellectual Property Law No 11,723 and its amendments, for any type of use, interactive device or communication to the general public by any means, of their audiovisual works, in any media.

Since the publication of this Decree, D.A.C. is the only entity empowered to act as a collective society for the people it represents. Therefore, D.A.C. will agree with third party users of audiovisual works anything related to the exploitation, the amount of the tax in question, the means of collection and the subsequent distribution, and to exercise all the rights to do with its management in judicial and administrative procedures.  

In addition, the Decree establishes that for the distribution owing to foreign author directors of motion pictures and audiovisual works, for the exploitation of their works in Argentina, D.A.C. should sign reciprocity assignments with foreign equivalent entities. The same should be perceived from foreign collective societies, the distribution owing to national author directors of motion pictures and audiovisual works, due to the use of their works abroad.

The Secretariat of Communications and Media, jointly with D.A.C., should approve, fix or modify the tariffs or the taxes, or the formula to make the calculation, which third party users should pay.