Buenos Aires, 21/02/1963

VISTO Expediente No. 23.521/62, by which the Argentine Musical Corporation -COMAR- S.A. requests the extension of Decree No. 12.170 of October 3, 1960, amendment of Decree No. 41.233 of May 3, 1934 regulating Law No. 11.723, in order to make the users of the recorded musical repertoire include the name of the composer and the name of the songwriter.

CONSIDERING;

That the request of the said entity is to enable the fair distribution, among the beneficiary interpreters, of the important sums that are collected by the use of their respective recorded musical repertoires;

That the right of the artist to collect a retribution for the use of his recorded interpretation arises from the provisions of article 56 of Law No. 11.723, which is why it is necessary to arbitrate the means to achieve fully the best compliance of the aforementioned law;

Therefore and in accordance with the proposal of the General Directorate of the National Registry of Intellectual Property,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - It is established that the final text of articles 34 and 40 of Decree No. 41.233 dated 3 May 1934, which regulates Act No. 11.723, as amended by Decree No. 12.170 of 3 October 1960 is as follows:

"Article 34o - The one who represents or does publicly represent literary works, and the one who executes or performs musical works in public concerts, must display in visible place the corresponding program and give to the authors of the works used or their representatives and to the interpreters or their representatives, a copy thereof."

"Article 40o - Those who exploit locals in which musical works of any kind are publicly performed, with or without a letter, or the entrepreneurs or organizers or orchestra directors in the case, shall write in daily schedules by rigorous order of execution the title of all the works performed and the name of the author or composer of the same and also the name of the interpreters when recordings are made available in any way. These tables will be dated, signed and made available to stakeholders within thirty days of the date of implementation. Those interested or their representatives, under their responsibility, may denounce to the Director General of the National Intellectual Property Register 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 $1,000 national currency, for the benefit of the National Fund of the Arts that will be responsible for it. Those who replace the titles and/or the names of the authors or composers of the works or their interpreters, executed, shall be liable to the penalties referred to in article 71 of the Law. "

Article 2 - Please contact the General Directorate of the Official Gazette and Prints and archvese.

GUIDE. - Alberto J. Rodríguez Galán.