ARTICLE

Phonogram protection term

Law No 26,570 establishes the intellectual property term that singers, performers and producers have on their respective participation in a musical work once it is fixed in phonograms.
January 4, 2010
Phonogram protection term
On December 14, 2009 Law No 26,570 was published in the Official Gazette. This Law incorporates Section 5 bis to  Intellectual Property Law No 11,723. 
This new section establishes the intellectual property term that singers, performers and producers have on their respective participation in a musical work once it is fixed in phonograms.

This new Section 5° bis establishes that: “The intellectual property on interpretations and performances fixed in phonograms belongs to the performers for a term of seventy (70) years countable from January 1 of the following year of its publication. Also, the intellectual property on phonograms belongs to phonogram’s producers for a term of seventy (70) years countable from January 1 of the following year of its publication”.

In addition, about phonograms and interpretations that are in the public domain up to the date of sanction of the law hereby in comment, and the term established therein has not expired, this new section establishes that: “The phonograms and performances that are currently in the public domain, and if the term established in this law has not expired, they will automatically return to the private domain for the term that rest, and any third parties  should cease in any and all use made during the term they were in the public domain.”