Mutual Institutions Decree 5146/69 - Modification - Full Text Of The Norm

Original Language Title: INSTITUCIONES MUTUALISTAS DECRETO 5146/69 - MODIFICACION - Texto completo de la norma

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MUTUALIST INSTITUTIONS DECRETO 4.435 Sadaic. Decree 5146/69 was partially amended.

Bs. As., 15/5/73.

VISTO the request made by the Argentine Society of Authors and Composers of Music (SADAIC), civil, cultural and mutual institution, in the sense of remedying interpretative difficulties with respect to the text of articles 37 (d) and 38 of Decree 5.146/69, and

CONSIDERING:

That the foundations set forth and invoked by SADAIC demonstrate interpretative difficulties in the drafting of the content of the precited articles;

That the proposed texts translate a better entrenchment of acts into economic rights-sharing systems;

That their rules are in turn consistent with the generic principles adopted by the SADAIC members at their assembly in July 1972, which has provided that entity with a new Statute.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 Artículo Amend article 37 (d) of Decree 5.146/69, which should be composed of the following content:

"In cases of total or partial lack of tables or when they are rejected by irregularities, the distribution of the amounts will be made according to the systems approved by the SADAIC directory, whose contents or reforms for their application, must have a minimum priority of six months at the date of the liquidations. The total amount derived from such amounts shall be distributed among the items that possess a quantum of collection without seedlings, to pro rata on the amounts that are identified in the respective works, but the systems may deviate a percentage intended to balance the cases in which there are accentuated income margins without seedlings, or where the provisions of the last part of this subparagraph are applied. The pre-referred percentages will be determined by the SADAIC directory by means of criteria that possess objectivity and which are based on the nature and characteristic of the use of musical works through the media, repertoire studies and the records and statistics that work in the Society."

"With regard to the tables, those who meet the economic conditions established by the Statute will be computed."

Art. 2o o Amend article 38 of Decree 5.146/69, which should be composed of the following content:

"For the purposes of Article 37, subparagraph (d), the works will have to gather the status of edited or recorded, without prejudice to the rules that the SADAIC directory introduces in its systems to prevent the unrecorded works from participating in the funds from phenogram users."

"In addition, it will also be necessary to participate in the apportionment, to have received at least twenty percent (20 percent) of the rights in one or more of the following categories: radio, television, photonic, outdoor".

"Respect of foreign repertoires, the percentage will be determined by the directory of SADAIC, extracting the proportion that arises between the four sectors required for the national, and the non-participation of foreign works in phenomenonic and foreign".

"The statutes will stunt the precautions that the execution tables should have to integrate the apportionment."

"The works referred must have been denounced to the Sociedad Argentina de Autores y Compositores de Música SADAIC and ineludibly fulfilled the requirements of the relevant type contracts."

Art. 3o o Contact, post, give to the National Directorate of the Official Register and archvese.

LANUSSE

Oscar R. Puiggrós.