Create Is The Instituto Nacional Of The Music.

Original Language Title: Créase el Instituto Nacional de la Música.

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CULTURE

Law 26,801

Create the National Music Institute. Sanctioned: November 28, 2012 Enacted in Fact: January 8, 2013

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

CREATION OF THE NATIONAL INSTITUTE OF MUSIC

Chapter 1

General Provisions

ARTICLE 1-Object. This law aims at promoting musical activity in general and the national in particular.

ARTICLE 2-Modes. For the purposes of this Law, the following modalities are considered: (a) Live music: the one to be directly interpreted in front of the public; b) Production of recorded music: the one with direct relation to the different instances of the process of phonograms and/or videograms; musician: the one with direct relation to the knowledge of the art of music, of academic studies, of labour rights, of intellectual property and of all that contributes to development as an artist; d) Dissemination: the one with direct relation with the public communication of a musical fact through any means, medium or technology created or Cultural and social promotion: the one that is directly related to the promotion of cultural and social events of a musical character, promoting the development of musical activity in the most postponed sectors of our country.

ARTICLE 3-Definitions. For the purposes of this Law: (a) National Musician: the natural person of Argentine or foreign nationality with residence in the Argentine territory, who sings, recites, declamé, interpreter, executes and/or compose in a manner instrumental and/or vocal

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a musical work, or that provides knowledge about the art of music in a self-managed form, thus exercising the art of music; b) National musical grouping: two (2) or more national musicians who have registered and are present under (c) Music activity: any musical sound expression artistically manifested through different creative genres by musicians; (d) National musical activity: any musical sound expression artistically manifested to through various creative genres made by registered national musicians; e) Musician registered national: that national musician who has registered in the register of national musicians and musical groups; (f) National registered national musician: he is the registered national musician who has no contract or a conditioning to restrict the exercise of his or her artistic freedom and/or to be an author or interpreter exercising the marketing rights of his or her own phonograms by means of the transcription of the phonograms by any support system, having the freedom absolute to exploit and market its work; g) National phonogram: the sound fixation of a execution or other sounds performed by or to the order of a national phonographic producer or a registered national musician. For the purposes of this law, the definition of Article 1 of the Convention for the Protection of the Producers of Phonograms (Geneva 29/10/71-ratified by law 19,963); (h) National Videogram: the fixing of audiovisual works of primarily musical content (audio and image fixation) performed by or on the order of a national phonographic producer or a registered national musician; (i) Phonographic producer: any natural or legal person who has acquired and exercises the rights to place phonograms on the market by means of the transcription of phonograms by any (j) National phonographic producer: the natural person of Argentine or foreign nationality with residence in the Argentine territory, or the legal person established in the country which is not directly or indirectly controlled by natural or legal persons of foreign nationality, who have acquired and exercised the rights to place phonograms and/or videograms on the market by means of a transcription of them by any support system; natural person of foreign nationality, who sings, recites, declamé, interpreter, executes and/or compose in an instrumental and/or vocal way a musical work, or that gives knowledge about the art of music in a self-managed form, thus exercising the art of music; l) Foreign musical grouping: two or more musicians (m) an independent national phonographic producer: it is when the author and/or interpreter exercises the marketing rights of his or her own phonograms by means of the transcription of the phonograms by any means support system, having the absolute freedom to exploit and market its work; production: pure and simple order of exchange, for only one of the instances of the process of production and/or publication of phonograms 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 non-transferable; (o) Dissemination value: pure and simple exchange order so that spaces where live music is developed, and form part of the stable circuit, can be accessed by the media, broadcast and advertising. state. They are non-transferable.

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Chapter 2

Implementing authority

ARTICLE 4-Creation and objective. Create the National Institute of Music, hereinafter the INAMU, which acts in the field of the Ministry of Culture of the Presidency of the Nation whose objective is the promotion, support, preservation and dissemination of the musical activity in general and the national in particular.

ARTICLE 5-Legal nature. The INAMU, as a non-state public body, is governed by the statute and rules of procedure that the board of directors and the federal assembly approve and the rules that apply to it according to its legal nature, object and functions.

ARTICLE 6-Functions. They are the functions of INAMU: a) Promote, encourage and stimulate musical activity throughout the territory of the Republic of Argentina, granting the benefits provided for in this law; b) Protecting live music, coordinating and promoting establishments with access to the public where musical activity is usually performed, especially cultural centers, music clubs, cultural bars, auditoriums, sorrows, festivals, traditional festivities, and non-conventional music spaces of our country; (d) national phonographic and video-based production, distribution and dissemination; Promote knowledge of the scope of intellectual property, collective management institutions, as well as those institutions that defend their interests and rights as workers; and) contribute to training and perfecting the musicians in all their expressions and specialties and stimulating the teaching of the music.

ARTICLE 7-Driving and administration. The INAMU is conducted and administered by a directory, a federal assembly and a representative committee. The members of these bodies are barred from submitting projects to obtain subsidies, credits, production and distribution vouchers, as a natural or legal person, by themselves or by person.

ARTICLE 8-Conformation of the directory. The directory is composed of: one (1) president and one (1) vice-president, who will replace the first one in case of absence or express delegation of the latter. Both will be appointed and removed by the national executive branch. The president and the vice president have a four (4) year term, and can be re-elected for a single consecutive term. They must prove suitability and professional background in the art of music and/or in musical cultural management. In case of vacancy of both by death, resignation or other cause, the national executive branch will appoint new representatives. The members of this body cannot be directors or hold office in entities linked to the music, except express resignation at the moment of assuming.

ARTICLE 9º-Directory functions. These are the functions of the Directory:

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(a) Develop the Statute and Rules of Procedure, which regulate the operation of the INAMU, which will be submitted to the Federal Assembly for approval; b) Develop an Annual Plan of Action and General Budget of the INAMU, which will be (c) Call and chair the sessions of the Federal Assembly; (d) Call for meetings of the Representative Committee; (e) Choose and designate the list of candidates proposed by the Committee. Representative, the coordinators of the regional headquarters; (f) Manage, perceive and manage the Fund Financing and the revenue it could obtain for all purposes, as well as administering the assets of the body; g) To implement the measures of promotion aimed at developing the musical activity, in its cultural, artistic, technical aspects, industrial and commercial activities, with the potential to sponsor competitions, establish awards, award study and research grants and use any other means necessary for this purpose; (h) Implement the calls for submission of projects (i) Conforming a National Fonteca with the object of saving the heritage that make up the country's different musical styles and integrate the information with other existing music files; j) Promote national music abroad; k) Create, maintain and update the Single Register of Musicians and National Music Groups; (l) Advise other State agencies in matters where the musical activity is involved; (m) Develop an annual report on the implementation of this law; (n) Implement the control mechanisms and imposing the fines and penalties provided for in this law; or) Propose to the Federal Assembly the creation of provincial headquarters.

ARTICLE 10. -Federal Assembly. The Federal Assembly is chaired by the president of the INAMU and is composed of one (1) government representative of the cultural field by province and the government of the Autonomous City of Buenos Aires. It will take its decisions by an absolute majority of its members. The members of the federal assembly exercise their duties ad honorem and their expenses will be financed by the jurisdictions of origin. The members of this body cannot be directors or hold office in entities linked to the music, except express resignation at the moment of assuming.

ARTICLE 11. -Functions of the Federal Assembly. They are functions of the federal assembly: a) Approve the Statute and Rules of Procedure elaborated by the Board; b) Approve the Annual Plan of Action and the General Budget of the INAMU, elaborated by the Directory; c) Designate every two (2) years to six (6) members to integrate the representative committee, one for each cultural region, which must be relevant personalities in the field of music; d) Accept or reject, on a proposal from the Board, the creation of provincial headquarters.

ARTICLE 12. -Conformation of the Representative Committee. The Representative Committee is composed of eighteen (18) members of which: six (6) will be proposed by the Federal Assembly, naming relevant figures in the field of music, one (1) for each cultural region, and the remaining twelve (12). by entities which, with legal or professional status, represent the sectors of the national musical activity, which will propose to personalities relevant for each sector of the music, listed below: one (1) representative of the authors and composers, one (1) representative of

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the interpreters, one (1) representative of trade unions, two (2) representatives of the national phonographic producers of which one (1) of them must be an independent national phonographic producer, one (1) representative of the State-run music teaching, one (1) private management musical representative, two (2) independent registered national musicians, one (1) representative of the establishments where live music is executed, one (1) representative of producers of musical events, one (1) representative of the associations of artistic representatives. If there is more than one entity in the same sector with legal or union status, the proposal will be resolved jointly and if the same is not resolved, the proposal corresponding to the entity with the greatest amount of associated, according to updated rolls. The members of the Representative Committee, except those elected by the Federal Assembly, have a mandate of four (4) years, and may be re-elected for a single consecutive term. The members of the Representative Committee exercise their duties ad honorem.

ARTICLE 13. -Functions of the Representative Committee. They are functions of the representative committee: a) Propose a list of candidates to the directory to elect the coordinator of each regional headquarters of the INAMU; b) Constituted in committee evaluator of the projects presented in the calls for subsidies (c) Attend to the sessions convened by the Board.

ARTICLE 14. -Cultural regions. For the purposes of this law, cultural regions are considered as follows: (a) Metropolitan Region: Autonomous City of Buenos Aires and Province of Buenos Aires; (b) Central Region: provinces of Cordoba, Santa Fe and Entre Rios; (c) New Region: Provinces of Mendoza, La Rioja, San Juan and San Luis; d) Region NEA: provinces of Chaco, Corrientes, Misiones and Formosa; e) Patagonian Region: provinces of Tierra del Fuego, Antarctica and Islands of the South Atlantic, Santa Cruz, Chubut, Río Negro, Neuquén and La Pampa; f) Region NOA: provinces of Jujuy, Tucumán, Salta, Catamarca and Santiago del Estero.

ARTICLE 15. -Creation of regional headquarters. A venue will be created in each cultural region. The regional coordinator is the highest authority in each region. He will have a term of four (4) years, and can be re-elected for a single consecutive term. It will be a relevant personality of the musical activity chosen by the directory on the proposal of the Representative Committee.

ARTICLE 16. -Conformation of regional headquarters. Each regional headquarters shall be as follows: (a) Music production centre; (b) Cultural and social centre; (c) Centre for subsidies and credits; and (d) Centre for the integral training of the musician.

Chapter 3

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Instruments of promotion

ARTICLE 17. -Conformation of the Music Production Centers. The music production centres shall be composed of three (3) modalities: (a) Live music; (b) Dissemination; and (c) recorded music. The three modalities will be made up of a representative of the INAMU elected by the Regional Coordinator of each venue and representatives of associations of musicians. In turn, the first two will be made up of representatives of associations of establishments where live music is developed. The associations of musicians and establishments where live music will be developed must have legal status granted by the jurisdiction where the headquarters or sub-headquarters functions, they must be financed with own resources generated by the contribution voluntary members of their partners and may not be subsidiaries, or be directly or indirectly dependent on a seat or sub-site of another region.

ARTICLE 18. -Functions. The Music Production Centres will have the following functions: a) Implement a production voucher system to be used in any of the instances of the musical production process; b) Evaluate the projects, in order to allocate the corresponding vouchers presented by registered independent national musicians, either as soloists or as independent registered national musical groupings; (c) Create a Live Music Stable Circuit which will feature vouchers from dissemination to advertise the various shows. These vouchers will allow for greater benefits in proportion to the performances performed with national musicians or national musical groupings that have been registered in the Single Register of National Musicians and National Music Pools; Call for open competition to local media in order to promote publicity about the shows that are developed within the Estable Circuit of Live Music. The representatives of this space shall control and evaluate the qualities, antecedents and prices of the means presented; and) Call for open competition to establishments that wish to be part of the Estable Circuit de Música en Vivo; To call open competition to suppliers of goods and services according to the different instances of the process of musical production. This competition will be carried out by the local industries. In cases where the activity to bid is not carried out in that region or does not meet the required qualities the Directory may be the one to contest. The implementation of all the functions will be carried out with the participation of the representative of the INAMU, and of the associations of musicians. They may also participate in the functions of the incissos (c), (d) and (e) the associations of establishments where live music is developed.

ARTICLE 19. -Conformation and functions of the Cultural and Social Center. The Cultural and Social Center will be made up of one (1) representative of the INAMU and representatives of organizations of musicians with legal status granted by the jurisdiction where the headquarters or sub-headquarters will function, and will have as a function the promotion of cultural and social events of a musical character, promoting the development of musical activity in the most postponed sectors of our country.

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ARTICLE 20. -Conformation and functions of the Center for Subsidies and Credits. The Center for Subsidies and Credits will be made up of one (1) representative of the INAMU and representatives of organizations of musicians with legal status granted by the jurisdiction where the headquarters or sub-headquarters will function, and will have as a function the evaluation and granting of subsidies and credits to finance projects of musical activity.

ARTICLE 21. -Formation and functions of the Center for Integral Training of the Musician. The Center for Integral Training of the Musician will be made up of one (1) representative of the INAMU and representatives of organizations of musicians with legal status granted by the jurisdiction where the headquarters or sub-headquarters will function, and will have as a function to promote knowledge about the art of music, academic studies, labor rights, intellectual property, and all that contribute to the development of the artist.

ARTICLE 22. -penalties for non-compliance. Beneficiaries who use the amount of the subsidy, credit and/or production vouchers for financing purposes other than the purpose of the subsidy, do not execute it under the conditions laid down, and/or give it in full or in part, they must pay a fine of up to three times the amount of the subsidy, the credit and/or the voucher and shall be permanently excluded from the benefits of the INAMU, without prejudice to criminal sanctions or The administrative burden.

ARTICLE 23. -Creation of provincial headquarters. Provincial headquarters may be created on a proposal from the Board and subject to approval by the Federal Assembly, with the corresponding reallocation of responsibilities and resources of the regional headquarters of belonging.

ARTICLE 24. -Single Register of National Musicians and National Music Pools. Create the Single Register of National Musicians and National Music Pools. Registration shall be made by means of an affidavit on his/her condition as a musician, without examination, for which the registered national musician's credential will be awarded and the same will be obligatory to obtain the benefits that may be granted from this law. Each of the venues will have the responsibility to manage the registrations and updates of the same that will be carried out every three (3) years.

Chapter 4

Financing and use of resources

ARTICLE 25. -Financing Fund. Create the INAMU Financing Fund which will be constituted by the following resources: (a) The percentage allocated by Article 97 (g) of Law 26,522 of audiovisual media services; (b) The amounts arising from fines, interest, surcharges and other financial penalties to be applied at the disposal of this law;

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(c) Contributions and subsidies, inheritances and donations, whether state or private, made by natural or legal persons, as well as all the resources that the national State may provide; (d) The income, fruits and interests of its assets; The proceeds from the sale of goods and locations of works or services; (f) the collections which obtain the special musical activities provided by the INAMU; (g) the funds from services provided to third parties and concessions to be awarded in the event of events linked to musical work; (i) the eventual contributions of the provincial or municipal jurisdictions to the respective headquarters; (j) the eventual contributions of national and local authorities; (k) Any other income not provided for in the preceding incisances arising out of the management of the body; (l) the specific charges which may be created in the future for the purposes of this law.

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

ARTICLE 27. -Resources of regional headquarters. The annual resources of the INAMU will be distributed not less than forty percent (40%) among the regional headquarters in an equal way.

ARTICLE 28. -Resources of the Music Production Centers. Each regional headquarters shall have an effect on the administrative costs of not less than fifty per cent (50%) of its resources to the music production centres, distributed in proportion to the different arrangements: live music, recorded music and broadcast. If they are not able to complete all these funds, they must be moved to the following period.

ARTICLE 29. -Administrative expenditure on the operation of the headquarters. The administrative costs of the venues shall not exceed 20% (20%) of the total amount of their resources.

ARTICLE 30. -Control mechanisms. The INAMU shall be subject to the formulation, implementation, closure of the financial year and control, as laid down in law 24.156, financial administration and control systems of the national public sector.

ARTICLE 31. -Necessary performance of national musician. On the occasion of a foreign musician or a foreign musical grouping being present in the framework of a show in the field of the national territory, a registered national musician or registered national musical group must be hired, The event will have a space of not less than thirty (30) minutes to execute its own repertoire, ending in advance not more than one (1) hour of the start of the performance of the one. In all cases, the producer of the event will subscribe with the registered national musician or national musical group registered a contract where the value of the consideration that he will have to receive for his performance will be recorded. The registered national musician or registered national musical group shall be chosen by the producer of such event.

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ARTICLE 32. -Penalty for non-compliance. In the event of non-compliance with the provisions of the foregoing Article, the producer of such event must pay a fine of 12% (12%) of the gross collection of all the concepts generated by the performance of the event. said foreign musician or foreign musical group.

ARTICLE 33. -Participation in the media. The audiovisual media that compose the Radio and the Argentine Television Society of the State shall issue and disseminate the activities, the agendas of live music shows and any other activity that the INAMU considers to be disseminated, It is understood that the aforementioned contents are in the public interest. This quota shall not be less than zero with five per cent (0,5%) per month of the entire issue of the means mentioned, and shall be apportioned proportionately throughout the programming period.

Chapter 5

Final provisions

ARTICLE 34. -Regulations. This law must be regulated within ninety (90) days of its approval.

ARTICLE 35. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES,

TWENTY-EIGHT DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND TWELVE.

-REGISTERED UNDER NO 26,801-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

Date of publication: 11/01/2013

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