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Bs. As., 3/10/60
VISTO Expediente No. 6.909/60, in which the Argentine Society of Authors and Composers of Music (S.A. D. A. I. C.) requires the modification of articles 34 and 40 of Decree No. 41.233 of May 3, 1934, regulation of Law 11.723 on legal regime of intellectual property, because such regulatory provisions, after the experience collected for 25 years of application, are insufficient and adequate in the protection of
CONSIDERING:
That the executive branch agrees that it is necessary to arbitrate a way of preventing, because of the ineffectiveness of the regulatory provisions that modulate the legal aspect that interests, abuses and manoeuvres may be committed against the authors, contrary to the spirit of the law, dictated precisely for their defence.
Therefore and in accordance with the proposal of the Directorate of the National Registry of Intellectual Property,
The President of the Argentine Nation, Decreta:Article 1. - Amend articles 34 and 40 of Decree No. 41.233, dated 3 May 1934, which regulates Act No. 11.723, as follows:
"Article 34. - The one who represents and publicly represents literary works and the one who executes or performs musical works in public concerts, must display in a visible place the corresponding program and give to the authors of the works used or their representatives a copy of the same.
"Article 40. - Those who exploit locals in which musical works of any kind are publicly executed, with or without a letter, or the organizers or the orchestra directors in the case, shall write in daily tables by rigorous order of execution the title of all the works executed and the name of the author or composer of them. These tables will be dated and signed and made available to the interested parties within the month of the execution."
"These or their representatives, under their responsibility, may denounce to the Director General of the National Registry of Intellectual Property the total or partial non-compliance of this obligation and the person responsible shall be liable in each case of a fine of up to $ 1000 national currency for the benefit of the National Fund of the Arts that will be responsible for it."
"Those who substitute the titles and/or names of the authors or composers of the works performed or include unexecuted works shall be liable to the penalties referred to in article 74 of the law."
Article 2 - Place, contact the General Directorate of the Official Gazette and Prints and archvese. .
FRONDIZI - Luis R. Mac Kay