New Resolution to Strengthen Collective Management Framework

• Registry created for collective management organizations.
• Only civil associations may operate, via the Remote Procedure Platform (TAD).
• Reporting and bylaws must meet strict timelines.
• Oversight and enforcement allow suspension or revocation for noncompliance.
• Administrative mediation introduced to resolve disputes.

The Ministry of Justice has issued Resolution 536/2025, published in the Official Gazette on August 18, 2025, which complements and implements operational aspects of Decree 138/2025 regarding the collective management of copyright and related rights. The Resolution creates the Registry of Collective Management Organizations for Copyright and Related Rights within the Argentine Copyright Office (DNDA) and sets out authorization procedures to exercise collective management, oversight mechanisms, reporting obligations; and an administrative mediation mechanism.

In line with Article 2 of Decree 138/2025, the Resolution provides that collective management may be carried out only by civil associations, and that applications for authorization to operate must be submitted through the Remote Procedure Platform (TAD), thereby ensuring traceability, fast processing, and compliance with documentary requirements. Granting an authorization entails that the organization will be included in the DNDA, and this will be published in the Official Gazette. In turn, collective management organizations already recognized and authorized when the Resolution becomes enforceable will be incorporated to the Registry ex officio.

The Resolution provides that draft amendments to the bylaws and internal regulations of collective management organizations must be submitted before the DNDA at least 20 business days before the date scheduled for the competent agencies to review and potentially approve them. In turn, approved bylaw amendments must be filed before the DNDA within 30 calendar days from the day they were registered before the competent public registry of commerce.

Furthermore, the Resolution specifies that the balance sheet required under article 11 of Decree 138/2025 must be submitted within thirty 30 calendar days of its approval, together with a sworn statement attesting that the conditions under which the authorization was granted continue to be met.

The Resolution also establishes an oversight and supervision scheme under the DNDA that includes submitting sworn statements and the review of statutory amendments. If organizations do not comply with this, the DNDA may decide to suspend or revoke their authorizations to operate, although before this it will send them a notice to rectify the situation within 90 calendar days.

The DNDA is also instructed to establish a mediation procedure as an amicable mechanism for resolving disputes between users or sectoral chambers and collective management organizations, pursuant to article 10 of Decree 138/2025.

In summary, Resolution 536/2025 operationalizes the framework of Decree 138/2025 by:

• Creating the DNDA Registry, specifying the requirements and timelines for authorization.
• Regulating reporting duties and the oversight regime with the possibility of suspension or revocation.
• Implementing the administrative mediation mechanism contemplated in the collective management system.

Companies and rights holders should review their compliance with the new collective management requirements and ensure their reporting, bylaws, and operational processes meet the deadlines and standards set out by the DNDA.

Our copyright experts can support organizations in understanding the implications of these changes and staying ahead in the evolving regulatory landscape.