CULTURE

Law 26.801

Trust the National Institute of Music.

Sanctioned: November 28, 2012

Enacted: January 8, 2013



ARTICLE 1 — Object. This law aims to promote musical activity in general and the national in particular.

ARTICLE 2 — Modalities. For the purposes of this Act, the following are considered:

(a) Live music: which is directly interpreted against the public;

(b) Production of recorded music: which is directly related to the different instances of the process of phonograms and/or videograms;

(c) Integral training of the musician: which is directly related to the knowledge of the art of music, academic studies, labor rights, intellectual property and everything that contributes to development as an artist;

(d) Dissemination: which is directly related to public communication of a musical fact through any path, medium or technology created or believed in the future;

(e) Cultural and social promotion: which is directly related to the promotion of cultural and social events of a musical character, promoting the development of musical activity in the most deferred sectors of our country.

ARTICLE 3o — Definitions. For all purposes of this law, it shall be understood by:

(a) National music: the natural person of Argentine or foreign nationality with residence in the Argentine territory, who sings, recites, declame, interprets, executes and/or composes in an instrumental and/or vocal way a musical work, or imparts knowledge about the art of music in a self-managed way, exercising in this way the art of music;

(b) National musical group: two (2) or more national musicians who have registered and are present under the same name;

(c) Musical activity: all musical sound expression manifested artistically through different creative genres by musicians;

(d) National musical activity: all musical sound expression artistically manifested through different creative genres made by registered national musicians;

(e) National music registered: that national musician who has registered in the register of national musicians and musical groups;

(f) Independent registered national music: is the registered national musician who does not possess any contract or conditioning that restricts the exercise of his or her artistic freedom and/or who is author or interpreter exercising the marketing rights of his or her own phenograms through the transcription of them by any support system, having the absolute freedom to exploit and market his or her work;

(g) National Fonogram: the sound fixing of an execution or other sounds made by or the order of a national photo producer or a registered national musician. The definition of article 1 of the Convention for the Protection of Fonogram Producers (Geneva 29/10/71 - ratified by law 19.963) is adopted for the purposes of this Act;

(h) National videogram: the installation of audio-visual works of primarily musical content (audio and image creation) by or order of a national photo producer or registered national musician;

(i) Fonographical Producer: any natural or legal person who has acquired and exercises the marketing rights of phonograms by transcribing them by any support system;

(j) National Fonographic Producer: the natural person of Argentine or foreign nationality with residence in the Argentine territory, or the legal person constituted in the country that is not controlled directly or indirectly by natural or legal persons of foreign nationality, who has acquired and exercises the marketing rights of fonograms and/or videograms through the transcription of the same by any support system;

(k) Foreign music: the natural person of foreign nationality, who sings, recites, declame, interprets, executes and/or composes in an instrumental and/or vocal way a musical work, or imparts knowledge about the art of music in a self-managed way, thus exercising the art of music;

(l) Foreign musical grouping: two or more foreign musicians present under the same name;

(m) Independent national fonographic producer: is when the author and/or interpreter exercises the marketing rights of their own phenograms through the transcription of them by any support system, having absolute freedom to exploit and market their work;

(n) Production voucher: pure and simple exchange order, for only one of the instances of the production and/or publication of fonograms and/or videograms made by independent registered national musicians, in order to benefit the artistic project with a technical production provided with professional tools. They are intransferable;

(o) Publication voucher: pure and simple exchange order so that the spaces where live music is developed, and are part of the stable circuit, can access the media, dissemination and advertising either private or state. They're intransferable.


ARTICLE 4o — Creation and goal. Créase the National Institute of Music, henceforth the INAMU, which operates within the Ministry of Culture of the Presidency of the Nation whose objective is to promote, support, preserve and disseminate musical activity in general and the national in particular.

ARTICLE 5o — Legal nature. The INAMU, as a non-State public entity, is governed by the statute and internal regulations that draft the directory and approve the federal assembly and by the rules applicable to it in accordance with its legal nature, object and functions.

ARTICLE 6o — Functions. These are functions of INAMU:

(a) To promote, encourage and stimulate musical activity throughout the territory of the Argentine Republic by granting the benefits provided for in this Act;

(b) Protect live music, coordinating and fostering establishments with access to the public where musical activity is usually performed, especially cultural centers, music clubs, cultural bars, auditoriums, rocks, festivals, traditional festivals, and unconventional spaces of music in our country;

(c) To promote the production of national film and videograms, their distribution and dissemination;

(d) To promote among musicians the knowledge of the scope of intellectual property, collective management institutions, as well as those institutions that defend their interests and rights as workers;

(e) Contribute to the formation and improvement of musicians in all their expressions and specialties and stimulate the teaching of music.

ARTICLE 7o — Driving and administration. INAMU is led and managed by a directory, a federal assembly and a representative committee.

The members of these bodies are prevented from presenting projects to obtain subsidies, credits, production and dissemination vouchers, as a natural or legal person, by themselves or by interposite person.

ARTICLE 8o — Formation of the directory. The directory is composed of: one (1) president and one (1) vice president, who will replace the first in case of absence or express delegation. Both will be appointed and removed by the national executive branch.

The president and the vice president have a four (4)-year term of office, which can be re-elected for a single consecutive period.
They must credit professional fitness and background in the art of music and/or musical cultural management.

In the case of both of them for death, resignation or other cause, the national executive branch shall appoint new representatives.

Members of this body cannot be managers or hold office in music-related entities, unless they express their resignation from the moment they assume.

ARTICLE 9o — Directory functions. These are functions of the Board:

(a) Develop the Internal Regulations and Rules governing the functioning of INAMU, which shall be submitted for approval by the Federal Assembly;

(b) Develop an Annual Plan of Action and General Budget of INAMU, which will be submitted to the Federal Assembly for approval;

(c) To convene and chair meetings of the Federal Assembly;

(d) To convene meetings of the representative committee;

(e) To elect and designate, from the rostrum of candidates proposed by the representative committee, the coordinators of regional headquarters;

(f) Manage, perceive and manage the Fund for Financing and any income that it may earn for any purpose, as well as administer the assets of the agency;

(g) To implement the promotional measures to develop musical activity, in its cultural, artistic, technical, industrial and commercial aspects, and to this end, to sponsor contests, to establish awards, to award scholarships for study and research and to use all other means necessary for this purpose;

(h) Instrumentation of calls for projects for national subsidies;

(i) To form a National Fonoteca with the aim of safeguarding the heritage that forms the different musical styles of the country and integrating information with other existing musical archives;

(j) Promoting national music abroad;

(k) Create, maintain and update the Unique Registry of National Musical Musicals;

(l) To advise other State agencies on matters involving musical activity;

(m) Develop an annual report on the implementation of the present Act;

(n) Implement the control mechanisms and impose the fines and penalties provided for in this Act;

(o) To propose to the Federal Assembly the establishment of provincial headquarters.

ARTICLE 10. - Federal Assembly. The Federal Assembly is chaired by the president of INAMU and composed of one (1) government representative of the field of culture by province and the government of the Autonomous City of Buenos Aires. He will make his decisions by an absolute majority of his members.

The members of the federal assembly exercise their functions ad honórem and their expenses will be financed by the jurisdictions of origin.

Members of this body cannot be managers or hold office in music-related entities, unless they express their resignation from the moment they assume.

ARTICLE 11. - Functions of the Federal Assembly. These are functions of the federal assembly:

(a) To adopt the Internal Regulations and Rules developed by the Directory;

(b) To adopt the Annual Plan of Action and the General Budget of INAMU, prepared by the Board;

(c) Designate each two (2) years to six (6) members to integrate the representative committee, one for each cultural region, which should be relevant personalities in the field of music;

(d) To accept or reject, on the proposal of the Board, the establishment of provincial headquarters.

ARTICLE 12. - Formation of the representative committee. (1) The representative of the National Assembly is composed of eighteen (18) members of which: six (6) shall be proposed by the Federal Assembly, appointing relevant personalities in the field of music, one (1) by each cultural region, and the remaining twelve (12) by the entities that, with legal or union representative, represent the sectors of the national musical activity, which shall propose to relevant personalities by each sector of the music, listed below: one

If more than one entity with legal or trade union status exists in the same sector, such a proposal will be resolved jointly and if the proposal is not resolved, the proposal for the entity with the largest number of partners will be chosen, according to updated lists.

Members of the Representative Committee except those elected by the Federal Assembly have a term of four (4) years, and may be re-elected for a single consecutive period.

The members of the Representative Committee exercise their functions ad honórem.

ARTICLE 13. - Functions of the Representative Committee. The functions of the representative committee are:

(a) Proposing a roster of candidates to the directory to elect the coordinator of each INAMU regional headquarters;

(b) To become an evaluation committee for the projects presented in the National Subsidies Calls made by the Board;

(c) To attend meetings convened by the Board.

ARTICLE 14. - Cultural regions. For the purposes of this Act, the following cultural regions are considered:

(a) Metropolitan region: Autonomous City of Buenos Aires and province of Buenos Aires;

(b) Central region: provinces of Córdoba, Santa Fe and Entre Ríos;

(c) New Cuyo region: provinces of Mendoza, La Rioja, San Juan and San Luis;

(d) NEA region: provinces of Chaco, Corrientes, Misiones and Formosa;

(e) Patagonica Region: provinces of Tierra del Fuego, Antarctica and South Atlantic Islands, Santa Cruz, Chubut, Río Negro, Neuquén and La Pampa;

(f) NOA Region: provinces of Jujuy, Tucumán, Salta, Catamarca and Santiago del Estero.

ARTICLE 15. - Establishment of regional headquarters. A headquarters will be established in each cultural region. The regional coordinator is the highest authority of each region. It will have a mandate of four (4) years, being able to be re-elected for a single consecutive period. It will be a relevant personality of the musical activity chosen by the directorate on the proposal of the Representative Committee.

ARTICLE 16. - Development of regional headquarters. Each regional headquarters shall consist of the following:

(a) Musical production centre;

(b) Cultural and social centre;

(c) Centre for grants and credits; and

(d) Comprehensive training centre for the musician.


ARTICLE 17. - Formation of Musical Production Centers. Musical production centers will consist of three (3) modalities:

(a) Live music;

(b) Dissemination; and

c) Recorded music.

The three modalities will be made up of a representative of INAMU elected by the Regional Coordinator of each headquarters and representatives of associations of musicians. In turn, the first two will be composed of representatives of associations of establishments where live music develops.

Associations of musicians and establishments where live music is developed should have legal status granted by the jurisdiction where the headquarters operates or subsidizes, should be financed with own resources generated by the voluntary contributions of their associates and may not be subsidiaries, or rely directly or indirectly on a headquarters or subsidize of another region.

ARTICLE 18. - Functions. The Musical Production Centers will have the following functions:

(a) Implement a production voucher system to be used in any of the music production process;

(b) To evaluate the projects, in order to assign the corresponding vouchers presented by independent registered national musicians, either as soloists or as independent registered national musical groups;

c) Create a Stable Live Music Circuit that will feature broadcast vouchers to publish the different shows. These vouchers will allow greater benefits in proportion to the shows performed with national musicians or national musical groups that have been registered in the Unico Register of National Musicians and National Musical Groups;

(d) Convene open contest to local media in order to guide publicity about the shows that develop within the Stable Circuit of Live Music. Representatives of such space shall control and evaluate the qualities, backgrounds and prices of the means presented;

(e) To convene open contests for establishments wishing to be part of the Live Music Stable Circuit;

(f) To convene open contests for suppliers of goods and services in accordance with the various instances of the musical production process. This competition will be conducted by pre-empting local industries. In cases where the tendering activity does not take place in that region or does not meet the required qualities the Directory may be the one who calls for a competitive examination.

The implementation of all functions will be carried out with the participation of the representative of INAMU, and the associations of musicians. They may also participate in the functions of subparagraphs (c), (d) and (e) establishment associations where live music takes place.

ARTICLE 19. - Formation and functions of the Cultural and Social Center. The Cultural and Social Centre will consist of one (1) representative of the INAMU and representatives of organizations of musicians with legal personality granted by the jurisdiction where the venue works or subsidizes, and will have as function the promotion of cultural and social events of a musical character, promoting the development of musical activity in the most deferred sectors of our country.

ARTICLE 20. - Formation and functions of the Subsidies and Credits Centre. The Subsidies and Credits Centre shall consist of one (1) representative of INAMU and representatives of organizations of musicians with legal status granted by the jurisdiction where the headquarters or subsidizes operate, and shall have as function the evaluation and granting of subsidies and credits to finance projects of the musical activity.

ARTICLE 21. - Formation and functions of the Center for Integral Training of Music. The Center for Integral Training of the Musician will consist of one (1) representative of the INAMU and representatives of organizations of musicians with legal personality granted by the jurisdiction where the headquarters or subsidizes works, and will have as function to promote knowledge about the art of music, academic studies, labor rights, intellectual property, and everything that contributes to the development of the artist.

ARTICLE 22. - Non-compliance penalties. The beneficiaries who assign the amount of the grant, the credit and/or the production or dissemination vouchers to the financing of purposes other than the object of the grant, do not execute it in the conditions established, and/or give it in whole or in part, shall pay a fine for a value equal to up to triple the amount of the grant, the credit and/or the voucher granted and shall be permanently excluded from the benefits of the INAMU, all without prejudice to the penalties provided for.

ARTICLE 23. - Establishment of provincial headquarters. Provincial headquarters may be established on the proposal of the Board and subject to approval by the Federal Assembly, with the corresponding reassignment of responsibilities and resources of the regional membership headquarters.

ARTICLE 24. - Unique Registry of National Musicals and National Musical Groups. Trust the Unique Registry of National Musicians and National Musical Groups.

The registration shall be made by means of an affidavit on its status as a musician, without examination, by which the registered national musician will be awarded and the same will be obligatory to obtain the benefits that could be granted from this law. Each of the headquarters will have the responsibility to manage the registrations and updates that will take place every three (3) years.



ARTICLE 25. - Funding. Consider the Fund for the Financing of INAMU, which shall consist of the following resources:

(a) The percentage assigned by article 97 (g) of Act No. 26,522 of Audiovisual Communication Services;

(b) The amounts arising from fines, interests, surcharges and other pecuniary sanctions applied by the provision of this Act;

(c) Contributions and grants, inheritance and donations, whether state or private, made by natural or legal persons, as well as all resources that may be provided by the national State;

(d) Income, fruits and interests of their heritage;

(e) Those from the sale of goods and locations of work or services;

(f) Collections obtained by INAMU special musical activities;

(g) Funds from services provided to third parties and the concessions that are granted at the time of events linked to the musical performance;

(h) The marketing of advertising spaces that are contracted in musical shows;

(i) Any input from the provincial or municipal jurisdictions for the respective headquarters;

(j) Possible inputs from national and international agencies;

(k) Any other income not provided for in the preceding subparagraphs arising from the management of the agency;

(l) Specific levies that could be created for the purposes of this law in the future.

ARTICLE 26. - Directory resources. Of the annual resources of INAMU no more than twenty percent (20%) may be affected to the Board. Of this amount, no less than fifty per cent (50 per cent) should be allocated in national subsidies.

ARTICLE 27. - Regional headquarters resources. Of the annual resources of INAMU, no less than forty per cent (40%) will be distributed among regional headquarters on an equal basis.

ARTICLE 28. - Resources of Musical Production Centers. Each regional headquarters will have to affect —uncounted the administrative costs of operation — not less than fifty percent (50%) of its resources to the music production centers distributed proportionally among the different modalities: live music, recorded music and diffusion.

If the full amount of such funds cannot be implemented, they shall be transferred to the next period.

ARTICLE 29. - Administrative operating expenses of headquarters. The administrative operating expenses of headquarters may not exceed twenty percent (20%) of the total amount of their resources.

ARTICLE 30. - Control mechanisms. INAMU shall be subject to the formulation, implementation, closure of the budget period and control, as set out in Act No. 24,156, on financial administration and on national public sector control systems.

ARTICLE 31. - Necessary performance of national musician. On the occasion of a foreign musician or foreign musical grouping being present live, in the framework of a show in the national territory, a registered national musician or national musical grouping must be hired, which will have in the event a space not less than thirty (30) minutes to execute his own repertoire, ending with a not greater advance to one (1) hour of the beginning of the performance of the event. In all cases the producer of the event will sign with the registered national musician or national musical grouping a contract where the value of the counterfeit will be recorded for its performance.

The registered national musician or national musical grouping will be chosen by the producer of the event.

ARTICLE 32. - Non-compliance penalty. In the event of non-compliance with the provisions of the previous article, the producer of the event must pay a fine equivalent to 12 per cent (12 per cent) of the gross collection of all the concepts generated by the performance of that foreign musician or foreign musical grouping.

ARTICLE 33. - Media participation. The audio-visual media that make up Radio and Television Argentina Sociedad del Estado must broadcast and disseminate the activities, the agendas of live music shows and any other activity that the INAMU considers should be disseminated, understanding that the aforementioned contents are of public interest.

This quota should not be less than zero with five per cent (0.5 per cent) per month of the total emission of the mentioned media, and should be distributed proportionally throughout the programming.


ARTICLE 34. - Regulation. This law shall be regulated within 90 days of its adoption.

ARTICLE 35. - Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL DOCE.


LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Gervasio Bozzano. — Juan H. Estrada.