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Intellectual Property Law 11723-Amendment


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image start infoleg site The Ministry of Justice and Human Rights

Act 27588

Law N ° 11,723. Amendment.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.


Article 1-Amend Article 36 of Law 11.723, which shall be worded as follows:

Article 36: The authors of literary, dramatic, drama-musical and musical works enjoy the exclusive right to authorize:

a) The recitation, representation and public execution of his works.

(b) Public dissemination by any means of the recitation, representation and execution of his works.

However, it shall be lawful and exempt from the payment of copyright and the interpreters provided for in Article 56, the representation, execution and recitation of literary or artistic works already published, in public events organised by educational establishments, linked to the fulfilment of their educational purposes, plans and study programmes, provided that the show is not spread outside the place where it is carried out and the attendance and performance of the interpreters is free.

They shall also enjoy the exemption from the payment of the copyright referred to in the preceding paragraph, the performance or interpretation of musical pieces in the concerts, auditions and public performances by the orchestras, bands, fanfare, choirs and other musical organizations belonging to institutions of the national state, provinces or municipalities, provided that the public attendance is free of charge.

Article 2-Incorporate law 11.723 as Article 36a of the following Article:

Article 36a: The reproduction, distribution and making available to the public of works in formats accessible to blind persons and persons with other sensory disabilities that prevent access to the public are exempted from the payment of copyright conventional to the work, provided that such acts are made by authorized entities. The exception provided here also extends to the right of publishers resulting from the application of Law 25,446.

The reproduction of works in accessible formats for the blind and persons with other sensory disabilities shall also be exempted from the payment of copyright when such reproduction is carried out by a beneficiary or by someone acting on his behalf, including the principal person who takes care of him or takes care of his or her attention, for the personal use of the beneficiary and provided that he or she has legal access to that work or to a copy thereof.

The accessible format copy, which has been reproduced as provided for in this law, may be distributed or made available by an authorised entity to a beneficiary or to an entity authorised in another country, provided that such an exchange is provided for in the International Treaties for the purpose of facilitating access to published works for blind persons or with other difficulties in accessing printed text or with other sensory disabilities preventing access conventional to the work.

It exempts from the authorisation of rightholders and payment of remuneration, the import of an accessible format copy intended for beneficiaries where it is carried out by authorised entities, a beneficiary or acting in their own right. name, with the scope to be determined by the regulation.

The works reproduced, distributed and made available to the public in accessible formats shall be recorded: the data of the authorised entity, the date of the original publication and the name of the natural or legal person to which they belong. the copyright. They shall also warn that the misuse of these reproductions shall be subject to the penalties provided for in the applicable rules.

Article 3-Incorporate law 11.723 as article 36b the following article:

Article 36b: Where the works were originally published in an accessible format for persons with sensory disabilities and are commercially available in that format, the derogations provided for in Article 36 shall not apply. bis.

Adequate legal protection and effective legal remedies against circumvention of technological measures for the protection of works shall not prevent beneficiaries from having the limitations and exceptions referred to in Article 36a.

Article 4-Incorporate into law 11.723 as article 36c the following article:

Article 36c: The Ministry of Justice and Human Rights of the Nation, through the National Directorate of Copyright, or the body that will replace it in the future, will take knowledge of the authorized entities, as determined by the the regulations, manage their registration and assist them in cooperation aimed at facilitating the exchange in both the national and cross-border territory of accessible format copies.

The authorised entities shall inform the National Library of the catalogue of works reproduced in accessible format in favour of the beneficiaries, in order to have a national repertoire of such copies and to facilitate their national exchange and international. This library shall be the body responsible for the national repertoire.

Article 5-Incorporate law 11.723 as article 36d of the following article:

Article 36d: For the purposes of Articles 36, 36a, 36b and 36c, it is considered that:

• Sensory disabilities means: severe visual impairment, amblyopia, dyslexia, or any other physical or neurological impairment that affects the vision, manipulation or comprehension of printed texts in a conventional way, as well as hearing impairment severe that cannot be corrected to allow for a substantially equivalent hearing degree to that of a person with no hearing impairment, or disability of another class that prevents the person from conventional access to the work.

• Authorised entity means: a state body or non-profit association with legal status and recognised by the national state, which assists or provides blind persons or persons with other sensory disabilities, education, educational training, adapted reading or access to information as one of its main activities or institutional obligations.

• Beneficiaries means: those who have a sensory disability.

• Accessible formats means: Braille, digital texts, audio recordings, sign language fixings, and any alternative way or form that gives the beneficiaries access to the work, being said access as viable and comfortable as the persons without visual impairment or other sensory disabilities, provided that such accessible format copies are intended exclusively for them and respect the integrity of the original work, taking into account the changes necessary to make the work accessible in the alternative format and the needs of accessibility of the beneficiaries.

• Physical support means: any tangible element that stores voice or image in magnetophonic or digital recording, or digital texts; or any technology to be developed.

Article 6-Commune to the national executive branch.




ê 16/12/2020 N ° 64305/20 v. 16/12/2020