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CULTURE culture law 26.801 create is the Institute national of the music. Sanctioned: November 28 of 2012 enacted in fact: January 8 of 2013 the Senate and Chamber of deputies of the nation Argentina gathered in Congress, etc. sanction with force of law: creation of the Institute national of the music Chapter 1 provisions general article 1 °-object. This law has by object the promotion of the activity music in general and the national in particular.
Article 2º - modalities. For the purposes of this law, the following modalities are considered: to) live music: which will be interpreted directly from the public; (b) production of recorded music: which has direct relationship with the different instances of the process of preparation of phonograms or videograms; (c) formation of the musician: which is directly related to the knowledge of the art of music, academic studies, labour rights, intellectual property and all what contribution to development as an artist; (d) dissemination: which has direct relationship with the public communication of a musical fact through any pathway, medium or technology created or who believes in the future; (e) cultural and social promotion: which is directly related to the promotion of cultural and social events of musical character, promoting the development of the musical activity in the most neglected sectors of our country.
Article 3 º-definitions. For all purposes of this Act shall mean: to) national musician: the physical person of Argentine nationality or foreign resident in Argentine territory, which sing, recite, declame, interpreter, run or compose in a way instrumental and/or vocal https://www.boletinoficial.gob.ar/pdf/linkQR/WUVCSGZDaSs5U0ZycmZ0RFhoUThyQT09 a musical work, or to impart knowledge about the art of music in self-managed form exercising in this way art music; (b) national musical group: two (2) or more national musicians who have registered and submitted under the same name; (c) musical activity: all musical sound expression artistically manifested through various creative genres by musicians; (d) national musical activity: all musical sound expression artistically manifested through various creative genres performed by registered national musicians; (e) registered national musician: that national musician is entered in the register of musicians and musical groups, national; (f) registered independent national musician: is the registered national musician who does not have a contract or conditioning which restrict the exercise of their artistic freedom or author or interpreter exercising the commercialization rights of their own phonograms through the transcription of the same by any support system, taking the absolute freedom to exploit and commercialize their work; (g) national phonogram: the aural fixation of a performance or of other sounds made by or to the order of a national phonographic producer or a registered national musician. For the purposes of this law is adopts for phonogram the definition of the 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 fixation of audiovisual works of primarily musical content (fixing image and audio) performed by or to the order of a national phonographic producer or a registered national musician; (i) phonographic producer: any natural or legal person who has acquired and exercised the commercialization rights of Phonograms Treaty by the transcription of the same by any support system; (j) producer phono national: the individual Argentine citizen or foreign resident in Argentine territory, or the legal person constituted in the country that not been controlled directly or indirectly by natural or legal persons of foreign nationality, which has acquired and exercised the commercialization rights of phonograms or videograms through the transcription of the same by any support system; (k) foreign musician: the physical person of foreign nationality, sing, recite, declame, interpreter, run and/or compose instrumental and/or vocal way a musical work, or to impart knowledge about the art of music in self-managed form, exercising in this way art music; (l) foreign musical group: two or more foreign musicians that arise under the same name; (m) producer phono national independent: is when the author and/or interpreter exerts them rights of marketing of their own phonograms through the transcription of them same by any system of support, taking the freedom absolute to exploit and market its work; n) worth of production: pure and simple order of redemption, for only one of the instances of the process of production and/or publication of phonograms or videograms carried out by independent registered national musicians, in order to benefit the art project with a technical production provided with professional tools. They are non-transferable; (o) dissemination voucher: order pure and simple exchange so that spaces where to develop music live, and are part of the stable circuit, can access to the media, broadcasting and advertising, whether private or State. They are not transferable.
https://www.boletinoficial.gob.ar/pdf/linkQR/WUVCSGZDaSs5U0ZycmZ0RFhoUThyQT09 Chapter 2 authority of application article 4 - creation and purpose. Create the National Institute of music, hereinafter the INAMU, acting in the field of the Ministry of culture of the Presidency of the nation whose objective is the promotion, support, preservation and dissemination of musical activity in general and the national in particular.
Article 5 °-nature legal. The INAMU, as non-State public body, is governed by the Statute and rules of procedure which develop the Board and approved by the federal Assembly and the rules that apply to you in accordance with its legal nature, purpose and functions.
Article 6. - functions. The functions of the INAMU are: to) promote, encourage and stimulate the musical activity throughout the territory of the Republic of Argentina, granting the benefits provided for in this law; (b) protect live music, coordinating and encouraging establishments accessible to the public where it is usually made musical activity, especially the cultural centers, music clubs, bars cultural, auditoriums, penalties, festivals, traditional festivities, and our country music's unconventional spaces; (c) encourage the production of phonographic and national videograms, their distribution and their dissemination; d) lead among the musicians to the knowledge of the scope of intellectual property, collective management institutions, as well as those institutions that defend their interests and rights as workers; (e) contribute to the education and training of musicians in all its expressions and specialties and encourage the teaching of music.
Article 7º - leadership and management. The INAMU is led and managed by a Board, a federal Assembly and a representative Committee. Members of these bodies is forbidden to submit projects for subsidies, credits, vouchers for the production and dissemination, as a natural or legal person by themselves or by any person.
Article 8º - conformation of the directory. The Board is composed by: a (1) Chairman and one (1) Vice President, who will replace the first in case of absence or express delegation of this. Both will be appointed and removed by the national executive power. The President and the Vice President have a term of four (4) years, and may be re-elected for a single consecutive term. Must prove fitness and background professional in the art of the music and/or in the management cultural music. In case of vacancy of both by death, resignation or another cause, the power Executive national shall appoint new representatives. The members of this organ not can be managers or hold charge in entities linked to the music, except resigns express to the time of assume.
Article 9 °-functions of the Board. Are functions of the directory: https://www.boletinoficial.gob.ar/pdf/linkQR/WUVCSGZDaSs5U0ZycmZ0RFhoUThyQT09
(a) draw up the Statute and rules of procedure, governing the operation of the INAMU, which will be submitted for consideration by the Federal Assembly for approval; b) draw up an annual Plan of action and budget of INAMU, which will be submitted for consideration by the Federal Assembly for approval; (c) convene and preside over the sessions of the Assembly Federal; d) summoning to sessions to the representative Committee; (e) choose and designate, of the terna of candidates proposed by the Committee representative, the coordinators of the Headquarters regional; (f) manage, perceive and manage the Fund of financing and the income that could get by all concept, as well as manage them property of the organism; (g) enforce the promotion measures aimed at developing the musical activity, cultural, artistic, technical, industrial and commercial aspects, and may for this purpose sponsor competitions, establish awards, award scholarships for study and research, and use all other means necessary for that purpose; (h) implement the calls for the presentation of projects destined to subsidies national; (i) conform a Fonoteca Nacional in order to safeguard the heritage that make up the different musical styles of the country and integrate the information with other existing music files; j) promote national music abroad; (k) create, maintain and update the single registry of musicians and musical groups, national; (l) advising other government agencies on matters in which the musical activity; is involved (m) prepare an annual report on the implementation of this Act; (n) implement control mechanisms and impose fines and penalties provided for in this Act; (or) propose to the Assembly Federal the creation of venues provincial.
ARTICLE 10. -Federal Assembly. The Federal Assembly is presided over by the President of the INAMU and composed of one (1) Government representative in the field of culture by province and the Government of the autonomous city of Buenos Aires. It shall take its decisions by an absolute majority of its members. The members of the federal Assembly exercised their duties ad honorem and their spending will be financed by the jurisdictions of origin. The members of this body cannot be managers or hold charge on entities linked to the music, except express waiver at the time of taking.
ARTICLE 11. -Functions of the Federal Assembly. (Are functions of the Assembly federal: to) approve the Statute and regulation internal elaborated by the directory; (b) approve the annual Plan of action and the General budget of the INAMU, prepared by the Board of Directors; (c) designate every two (2) years six (6) members to the Committee representative, one by each cultural region, which must be relevant personalities from the field of music; (d) accept or reject, on a proposal from the Board, the establishment of provincial offices.
ARTICLE 12. -Formation of the representative Committee. The representative Committee consists of eighteen (18) members of which: six (6) shall be proposed by the Federal Assembly, naming personalities relevant in the field of music, one (1) for each cultural region, and the remaining twelve (12) by the entities which, Trade Union, or legal entity representing the sectors of national musical activity, which propose to personalities relevant for each sector of the music listed below: one (1) representative of the authors and composers, one (1) representative of https://www.boletinoficial.gob.ar/pdf/linkQR/WUVCSGZDaSs5U0ZycmZ0RFhoUThyQT09 performers, one (1) representative of trade union associations, two (2) representatives of the national phonographic producers of which one (1) of them shall be independent national phonographic producer, a (1) representative of the musical education of State management, one (1) representative of musical teaching privately , two (2) independent reported national musicians, one (1) representative of settlements running live music, one (1) representative of producers of musical events, one (1) representative by representatives of artistic associations. If there is more than one entity with legal personality or Guild in the same sector, such a proposal shall be resolved jointly and in the event that it is not resolved shall be chosen corresponding to the entity proposal with larger number of partners, according to updated standards. Excepted the representative Committee members elected by the Federal Assembly, have a term of four (4) years, and may be re-elected for a single consecutive term. The members of the representative Committee exercise their duties pro bono.
ARTICLE 13. -Functions of the representative Committee. (Are functions of the Committee representative: to) propose a terna of candidates to the directory to choose to the Coordinator of each headquarters regional of the INAMU; b) become Evaluation Committee of the projects presented at the calls for national subsidies made by the Board of Directors; (c) attend the meetings convened by the Board of Directors.
ARTICLE 14. -Cultural regions. For the purposes of this Act are considered cultural regions to the following: a) Metropolitan Region: Ciudad Autónoma de Buenos Aires and Buenos Aires province; b) Central Region: provinces of Córdoba, Santa Fe and Entre Ríos; c) new Cuyo Region: provinces of Mendoza, La Rioja, San Juan and San Luis; d) NEA Region: provinces of Chaco, Corrientes, Misiones and Formosa; (e) Patagonia region: provinces of Tierra del Fuego, Antarctica and Islands of the South Atlantic, Santa Cruz, Chubut, Río Negro, Neuquén and La Pampa; f) NOA Region: provinces of Jujuy, Tucumán, Salta, Catamarca and Santiago del Estero.
ARTICLE 15. -Creation of regional headquarters. A headquarters will be created in each cultural region. The regional coordinator is the highest authority in each region. You will have a term of four (4) years, and may be reelected for a single consecutive term. It will be a relevant personality from the musical activity chosen by the Board of Directors on the proposal of the representative Committee.
ARTICLE 16. -Creation of the regional headquarters. Each regional headquarters will be formed in the following way: to) music production center; (b) cultural center and social; (c) Center of grants and loans; and (d) Center for integral formation of the musician.
Chapter 3 https://www.boletinoficial.gob.ar/pdf/linkQR/WUVCSGZDaSs5U0ZycmZ0RFhoUThyQT09 article 17 promotional instruments. -Creation of centres of Musical production. Music production centers will be composed of three (3) types: to) live music; (b) dissemination; and (c) recorded music. Three modalities will be made by a representative of the INAMU elected by each Regional Coordinator and representatives of associations of musicians. At the same time, the first two will be formed by representatives of associations of establishments where develops music live. The associations of musicians and establishments where live music to develop must have legal personality granted by the jurisdiction where it operates the headquarters or regional headquarters, must be financed with own resources generated by the partners volunteer contribution and may not be subsidiaries, nor depend directly or indirectly from a headquarters or regional headquarters of another region.
ARTICLE 18. -Features. Music production centers will have the following functions: to) implement a system of production vouchers to be used in any of the instances of the music production process; b) evaluate projects, in order to assign the corresponding vouchers showing independent registered national musicians, either as soloists or as independent registered national musical groups; (c) create a circuit stable of music in live that will count with vouchers of broadcasting to advertise them different shows. Such vouchers will allow greater benefits in proportion to them shows made with musicians national or groupings musical national that is have registered in the registration only of musicians national and groupings musical national; (d) convene to contest open to media of communication local to advertise advertising on them shows that are develop within the circuit stable of music in live. The representatives of said space control and will evaluate them qualities, background and prices of them means that is present; (e) convene to contest open to establishments that wish to form part of the circuit stable of music in Vivo; (f) convene to contest open to suppliers of goods and services in accordance with the different instances of the process of production music. The contest will be favoring local industries. In the cases in that activity to tender do not develop in that region or does not meet the required qualities directory may be Convenor in competition. The implementation of all functions will be held with the participation of the representative of the INAMU, and musicians associations. ((May also participate in subparagraphs c functions), d) and e) associations of establishments where develops music live.
ARTICLE 19. -Establishment and functions of the Cultural and Social Center. The Cultural and Social Center will consist of one (1) representative of the INAMU and representatives of organizations of musicians with legal personality granted by the jurisdiction where work headquarters or regional headquarters, and will have as a function the promotion of cultural and social events of a musical nature, promoting the development of the musical activity in the most neglected sectors of our country.
https://www.boletinoficial.gob.ar/pdf/linkQR/WUVCSGZDaSs5U0ZycmZ0RFhoUThyQT09 article 20. -Establishment and functions of the Centre's grants and loans. The center of grants and loans will be formed by one (1) representative of the INAMU and representatives of organizations of musicians with legal personality granted by the jurisdiction where work headquarters or regional headquarters, and as function evaluation and granting of subsidies and loans to finance projects of musical activity.
ARTICLE 21. -Formation and functions of the Centre for Integral training of the musician. He Center of training Integral of the musician will be formed by a (1) representative of the INAMU and by representatives of organizations of musicians with personality legal granted by the jurisdiction where work it headquarters or regional headquarters, and will have as function promote knowledge on the art of the music, of studies academic, of them rights labour, of the property intellectual, and of all what contribution to the development of the artist.
ARTICLE 22. -Sanctions for non-compliance. Beneficiaries which allocated the amount of subsidy, credit or vouchers for production or dissemination to financing for purposes other than the subject matter, not running it under the conditions laid down, or cede it whole or in part, shall pay a fine for an equivalent value of up to three times the amount of the subsidy, credit and/or issued voucher and will be excluded permanently from the benefits of the INAMU , all this without prejudice of those sanctions criminal or administrative that could correspond.
ARTICLE 23. -Creation of provincial offices. Provincial offices can be created on the proposal of the Board and subject to approval by the Federal Assembly, with the appropriate reallocation of responsibilities and resources of the regional headquarters of belonging.
ARTICLE 24. -Single registration of national musicians and national ensembles. Create the single registry of national musicians and national ensembles. Entry in the register shall be made by means of an affidavit about his condition of musician, without examination, which will be granted the credential of registered national musician and it is mandatory to obtain the benefits that could be granted from this law. Each of the sites will have the responsibility for managing registrations and updates thereof to be performed every three (3) years.
Chapter 4 financing and utilization of those resources article 25. -Financing Fund. Creating the Fund for financing of the INAMU which shall consist of the following resources: to) the percentage assigned by article 97, paragraph g), 26.522 law of audiovisual communication services; (b) the amounts arising from fines, interest, penalties and other fines that are applied by a provision of this Act;
https://www.boletinoficial.gob.ar/pdf/linkQR/WUVCSGZDaSs5U0ZycmZ0RFhoUThyQT09 c) contributions and subsidies, legacies and donations, are State or private, made by natural or legal persons, as well as all the resources that could make the national State; (d) income, fruits and interests of their heritage; (e) from the sale of property and locations of work or services; (f) proceeds obtained the special musical activities arranged by the INAMU; (g) the funds from services rendered to third parties and awards that are granted on the occasion of events linked to the musical work; (h) the marketing of spaces of advertising that is contracted in the shows musical; (i) any contributions from provincial or municipal jurisdictions for the respective headquarters; (j) any contributions from national and international organizations; (k) any other income not provided for in the preceding subparagraphs which arises from the management of the Agency; (l) the specific charges that, for the purposes of this law, may create in the future.
ARTICLE 26. -Directory resources. The annual resources of the INAMU no more than twenty per cent (20%) may be affected to the directory. Of this amount, no less than fifty should allocate per cent (50%) in national subsidies.
ARTICLE 27. -Resources of the regional offices. Of them resources annual of the INAMU is distributed not less than the forty percent (40%) between the Headquarters regional in form equal.
ARTICLE 28. -Resources of the centres of Musical production. Each regional headquarters should affect - discounting administrative costs of operation - at least fifty percent (50%) of its resources to the centres of musical production is distributed proportionally among the different modalities: live music, recorded music and broadcasting. If not may run is the totality of such funds, them same must move is to the period following.
ARTICLE 29. -Operation of the headquarters administrative costs. Operation of the headquarters administrative costs may not exceed twenty per cent (20%) of the total amount of their resources.
ARTICLE 30. -Control mechanisms. The INAMU shall be subject with regard to the formulation, implementation, closing financial year and control, to the provisions of the law 24.156, financial management and control of national public systems.
ARTICLE 31. -Required performance by national musician. Time for a foreign musician or group musical foreign is to present live, in the context of a show in the area of the national territory, shall be hired a registered national musician or registered national musical group, which will be at the event with one space of not less than thirty (30) minutes to run its own repertoire, ending with one notice not exceeding one (1) hour of the start of the performance of one. In all cases the event producer will sign with the registered national musician or musical group national registered a contract where the value of the consideration which must be perceived by his performance is recorded. Registered national musician or musical group national registered will be chosen by the producer of the event.
https://www.boletinoficial.gob.ar/pdf/linkQR/WUVCSGZDaSs5U0ZycmZ0RFhoUThyQT09 item 32. -Penalty for non-compliance. Breach of the provisions of the preceding article, the event producer must pay a fine by a value equal to the twelve percent (12%) of gross fundraising of all concepts that is generated by the action of such foreign musician or musical group foreign.
ARTICLE 33. -Participation in the media. Audiovisual media that make up the Radio and the Television Argentina society of the State should issue and disseminate the activities, the agendas of performances of live music and any other activity that the INAMU considers that it should spread, meaning that the mentioned contents are in the public interest. This fee shall not be less than zero with five percent (0.5%) per month of the entire issue of the mentioned media, and should be distributed proportionally throughout the programming.
Chapter 5 provisions late article 34. -Regulation. The present law shall be regulated in the period of ninety (90) days of your approval.
ARTICLE 35. -Communicate to the national executive power.
GIVEN IN THE HALL OF SESSIONS OF THE CONGRESS ARGENTINE, IN BUENOS AIRES, TO THE TWENTY-EIGHT DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND TWELVE.
-REGISTERED UNDER THE NO. 26.801-AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
Date of publication: 11 / 01 / 2013 https://www.boletinoficial.gob.ar/pdf/linkQR/WUVCSGZDaSs5U0ZycmZ0RFhoUThyQT09
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