Copyright in private spheres

copyright in private spheres
6 September, 2024
By Nicole Diaz

President Javier Milei signed Decree 765/2024, which amends Law 11,723 on Intellectual Property and deregulates the collection of royalties in private environments. This change redefines what is considered a “public performance”, limiting the collection of royalties to reproductions in spaces of public access and directed to a plurality of people. Private spaces, such as hotel rooms or stores, will no longer be subject to these charges, which was welcomed by the hotel industry, which was facing additional costs for the reproduction of music and movies. The measure also reduces litigation in sectors such as hairdressing salons, medical offices and other businesses, which are now exempt from payment to management entities such as SADAIC. In addition, the decree establishes exceptions for educational uses and patriotic commemorations, which reinforces its focus on easing the burdens for certain sectors.

On the other hand, the regulation highlights the importance of technology in the distribution of cultural content, allowing digital reproductions in public spaces to continue to be charged for. This change reflects a balanced approach between protecting the rights of creators and facilitating access to culture in the digital age. However, the measure has also raised concerns among some artists and copyright advocates, who warn that this deregulation could reduce creators’ income. Even so, it has been pointed out that the decree is aligned with practices such as “copy left”, favoring the free use of works under licenses such as Creative Commons, which limits the control of management entities and promotes wider access to cultural content.

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