Standards for public use.
Bs. As., 2/12/74
The need to implement Decree No. 746 of 18 December 1973 to enable its application to the concurrence of all the sectors concerned and at the same time to expand the implementation of the requirements; of Decree No. 41.233 of 3 May 1934 and regulations updated to date, of Law No. 11.723, all insofar as it relates to the retribution that must be carried out by all persons who in their direct indirect support to other production
That the agreements, carried out between Asociación Argentina de Interpretes (A.A.D.I.) and the Argentine Chamber of Fonogram Producers (C.A.P.I.F.) ratified by the Argentine Union of, Músicos (S.A.D.E.M.) and the Association of Argentine Vocalist Intérpretes (A.D.I.V.A.) point out that the two entities have been able to establish appropriate guidelines.
It becomes necessary to determine the distribution of the remuneration paid by users by setting the amount of the same, its distribution and collection.
That national and international backgrounds indicate that it is appropriate for organizations that bring together the holders of such rights to be responsible for the perception and administration of the emerging funds of the same, and for due compliance with the legal rules that have enshrined them.
That while the retribution due to users who publicly run phonograms was partially collected and distributed so far to the main interpreters, it is necessary to extreme control means to avoid any possibility of enrichment caused by users.
That the efforts and agreements made between the Argentine Association of Intérpretes (A.D.I.) and the Argentine Chamber of Producers and Industrials of Fonograms (C.A.P.I.F.) supported by the Argentine Union of Musicians (S.A.D.E.M.) and the Association of Intérpretes Argentinos (A.D.I.) have established the legitimate objective of both.
That the business sectors have reconciled their rights and legitimate expectations by asking for the legal instrument that allows them to become independent of a commercial intermediation in the perception of their rights in accordance with the social justice and distribution policy inspires the Superior Government of the Nation to enable harmonious and peaceful coexistence.
The PRESIDENT De la Nación Argentina
Decrete:Article 1 - The representation within the national territory of the Argentine and foreign interpreters and their rights to receive and administer the retributions provided for in article 56 of Law No. 11.723 for the public execution, broadcasting or broadcasting by radio and/or television of their interpretations set in fonograms and reproduced in discs or other supports shall be carried out by the Argentine Association of Intérpretes (A.D). Art. 2o - The representation of producers of Argentine and foreign fonograms whose production is, subject to publication, use and reproduction within the national territory will be exercised by the Argentine Chamber of Producers and Industrials of Fonograms (C.A.P.I.F.), the. which is authorised as the only entity to directly or indirectly perceive and administer the retribution that corresponds to those for the public execution of their fonograms reproduced on disks or other supports through the entity referred to in Article 7 of the present, protected by Law No. 11.723 and its regulatory decrees. Art. 3o - Civil associations Asociación Argentina de Intérpretes (A.A.D.I.) and Cámara Argentina de Produceres e Industriales de Fonogramas (C.A.P.I.F.) should, if necessary, adjust their social regulations and regulations to this decree. Art. 4o The Press and Dissemination Secretariat of the Presidency of the Nation, with the intervention of the Argentine Association of Intérpretes (A.A.D.I.) and of the Argentine Chamber of Producers and Industrials, of Fonograms (C.A.P.I.F.) will fix and modify the tariffs that users should pay for making use in public executions or dissemination by any means of discs or other reproductions. Art. 5o - The remuneration paid by users under the rights referred to in this Decree shall be unified and distributed as follows:
(a) 67 or to be distributed by the Argentine Association of Performers (A.A.D.I.) shall correspond to the interpreters, of all levels that have intervened in the execution set out in the Phonogram under the regime established by their statutes. This percentage shall be distributed as follows: interpreter/s main 67 or/or; interpreter/s secondary 33 or/or (45 or/or 22 or/or the total amount paid by the user respectively);
(b) The 33rd or to be liquidated by the Argentine Chamber of Industrial Producers of Phonograms (CA.P.I.F.) shall correspond to the producer of phonograms entitled to the collected right or to their beneficiaries.Art. 6th - Retributions paid by users for the use in public executions of foreign phenograms, not published in the country, where there is no agreement for their distribution between the perceptive entities and the holders or beneficiaries, shall be the National Fund of the Arts, who may conclude agreements with the entities provided for in this right for their perception. Art. 7° - The direct or indirect collection of the remuneration to be paid by users under the provisions of this decree shall be carried out by an entity constituted by the Argentine Association of Intérpretes (A.A.D.I.) by the Argentine Chamber of Producers and Industrials of Fonograms (C.A.P.I.F.), which shall be a civil association with its own personry and whose statutory regime shall be determined conventionally. Art. 8or . . Communicate, publish, give to the National Directorate of the Official Register and archvese.
M. E. de PERON.Alberto L.Rocamora