Law NO. 19,928 ON THE PROMOTION OF CHILEAN MUSIC Having regard to the fact that the National Congress has given its approval to the following Bill: " TITLE I of the Council for the Promotion of National Music Article 1.-The State of Chile supports, stimulates, |! |promotes and disseminates the work of the authors, |! |composers, performers, performers, |! |collectors, researchers and producers of |! |Chilean phonograms, heritage foragers of the |! |national music, for preservation and promotion of the |! |cultural identity. Article 2.-For the purposes of this law: 1) National music: any expression of the musical genre, classical or select, popular, folkloric root and oral tradition, with or without text, whether created, interpreted or executed by Chile. 2) Classical or select music: that music whose learning is carried out on the basis of academic norms of universal consensus, which is recorded and transmitted preferably by written means (score), which explores complex structures and forms and whose authors are identified. 3) Popular music: that music whose learning can be empirical and/or academic, which is transmitted by oral, written or phonographic, that cultivates simple forms and structures, with identified authors and composers, being of diffusion and projection mass. 4) Music of folkloric root and of oral tradition: that music whose learning is carried out in a direct or empirical way, is recorded and transmitted by oral, written or phonographic, cultivates preferentially structures and simple forms of ancient provenance, with identified or anonymous authors and composers. 5) Author: the natural person who creates the literary text of a musical work. 6) Composer: the natural person who creates the music of a work. 7) Performer interpreter or performer: the natural person who interprets and transmits through the voice or an instrument the musical work of a composer. 8) Collector: the natural person dedicated to the research, recording, rescue and dissemination of oral tradition music. 9) Authors, composers, performers and Chilean collectors: the authors, composers, performers and performers, and collectors, of Chilean or foreign nationals domiciled in Chile. 10) Phonographic producer: the natural or legal person responsible for the first setting of the sounds of an interpretation or execution or other sounds, regardless of the technique used. 11. Music editor or music editor: the natural or legal person who has been established as a holder of the property rights of the author of musical works or musical literature, which is responsible for the exploitation and responsibility of managing his/her promotion and publication by any means. 12) Musical realizer: the natural person responsible for the artistic realization of the sound recording of a musical work. For the purposes of this law, the definitions laid down in Law No 17.336 on Intellectual Property shall apply, in so far as they are not contrary to it. Article 3.-Create, in the National Council of Culture and the Arts, the Council for the Promotion of National Music, hereinafter "the Council", whose functions and duties will be: 1) To advise the President of the National Council of Culture and the Arts on the definition of cultural policies oriented to the promotion of national music; 2) To convene annually for public competitions, in accordance with Article 5, for allocate the resources of the Fund for the Promotion of National Music in the manner determined by the regulation; 3) stimulate the creation of national works by means of design contests in the different genres of musical expression; 4) interpretation and execution of the repertoire of national music, collaborating with festivals and competitions in (5) Encourage, acknowledge, support and stimulate the activities of institutions, media and natural and legal persons who are standing out in the dissemination of national music; 6) Support for educational establishments at the pre-basic, basic, medium and higher level in the dissemination and knowledge of the national music repertoire; 7) Promote studies and formulate proposals for the best dissemination of the national repertoire; 8) Grant scholarships for vocational training Chilean authors, composers, interpreters, researchers and collectors, in accordance with the rules laid down in the regulation; 9) Organise meetings, seminars, workshops and other activities conducive to the dissemination and encouragement of creation and production national musical; 10) Develop campaigns to promote the national repertoire, through the public media; 11) Promote the development of choral activity and the formation of orchestras, especially at the children's and youth levels, in the School and extra-school scope, including instrumental bands; 12) Encourage the production of national music phonograms and support the publication, promotion and dissemination of such phonograms; 13) Study and propose measures to prevent the unauthorized reproduction and use of phonograms, and 14) Perform the other functions that this law or other special provisions entrust to you. The Council, in the performance of the functions and the functions preceding it, will encourage the promotion and dissemination of national musical works of folkloric roots and oral tradition that contribute to the increase of cultural heritage. Article 4-The Council shall be composed of the following persons: (1) The President of the National Council for Culture and the Arts, or his representative, who shall preside over him; (2) a representative of the President of the Republic; recognized prestige in the field of music, designated by the chancellors of Chilean universities who enjoy full autonomy and who will be summoned for these purposes by the President of the National Council of Culture and the Arts. One such academic must belong to a university in a region other than the Metropolitan Region; 4) An author or composer and an interpreter or performer of a recognized trajectory in the genre of popular music, designated by the more representative national character than the group, which shall be appointed by means of a resolution signed by the President of the National Council for Culture and the Arts; (5) An author or composer and a recognised interpreter or performer trajectory in the genre of folk root music or oral tradition, designated by the entity of more representative national character than the group, which shall be appointed by means of a resolution signed by the President of the National Council for Culture and the Arts; (6) An author or composer and a recognised interpreter or performer a career in classical or select music, designated by the national entity more representative than the group, which shall be appointed by means of a resolution signed by the President of the National Council of Culture and Arts; 7) A musicology professional or researcher of recognized experience and prestige, appointed by the President of the National Council for Culture and the Arts on a proposal from the most representative national entity to group them; 8) A representative of the producers of phonograms, appointed by the President of the Council National of Culture and the Arts on the proposal of the national entity more representative than the group; 9) A representative of the music publishers, appointed by the President of the National Council of Culture and the Arts on a proposal of the national entity more representative than the group; (10) a representative of the field of the (11) A representative of the field of television, appointed by the President of the European Parliament, appointed by the President of the National Council for Culture and the Arts on the proposal of the most representative national body of the National Council of Culture and the Arts on the proposal of the national entity more representative than the group; 12) A representative of a private cultural foundation or corporation that carries out programs or develops musical projects permanent character, designated by the President of the National Council for Culture and the Arts, and 13) A representative of a municipal cultural corporation, designated by the Chilean Association of Municipalities. The persons appointed to the proposal of the most representative organizations identified shall not need to be members or active members of the respective entity. For the purposes of this article, corporations, trade associations and trade union organizations, which are the majority of the respective professional sectors, will be considered as representative entities. The members appointed to the proposal of representative entities will last two years in the position, not being able to be removed except agreement of the majority of the members of the Council at the request of the entity that made the proposal. Such members may be appointed for the following period. If you have missed any of the charges set out in this article, except for numbers 1) and 2), the replacement will be designated by the appropriate person, for the time you have missed to complete the period for which your predecessor was appointed. The Council shall meet the majority of its members in exercise and shall adopt its agreements by the majority of those present. TITLE II Of The Fund for the Promotion of National Music Article 5.-Create the Fund for the Promotion of the |! | National Music, which will be administered by the Council |! | National of Culture and the Arts, whose purpose will be |! activities and goals of the |! | Conse National Music Promotion, mentioned in |! |article 3. Your heritage will be integrated by the |! |resources that for this object will be consulted |! |annually in the Law of the Nation's Budgets and by |! |the contributions, donations, Inheritances and legacies you receive. |! | These donations will be exempt from the process of the |! |innuendo, as referred to in article 1401 of the |! | Civil Code. The functions mentioned in numbers 4), 5), 6), |! | 8) and 12) of article 3, will be fulfilled by means of calls |! |to public contests, by means of a wide diffusion, |! |through national and regional means, on bases |! previously to assign the |! |resources from the Fund and resolve them. The functions |! |indicated in numbers 7) and 10) of the same article, are |! |will be fulfilled by tender according to norms |! |objective and public that contemplate the matter, |! |contents and other characteristics defined by the |! | Council. The function indicated in number 11) of the |! |referred article 3, will be fulfilled by means of contributions of |! |resources from the budget of the Nation to municipalities, |! |corporations or non-profit foundations, that |! |develop the activities that there they are indicated, that |! |include scholarships of musical studies for children and |! |youth, that they conform the orchestras and choirs that in |! |said number are indicated according to the regulation. All |! |it in the form that is set in the conventions of |! |collaboration that for these effects subscribe. The distribution of the resources of the |! | Fund will be done in a decentralized way, as |! |establishes the Law of Budgets annually. The regulations will set the requirements, forms and |! |procedures to which the contests must conform |! |public that are called and the projects that |! |postulate to the allocation of the resources of the Fund, as |! |also the norms and procedures to which they must |! |adjust the public tenders. TITLE III of the National Music Award "President of the |! | Republic" Article 6.-Create the National Music Award |! | "President of the Republic", in the mentions of "Author |! |o Composer" e " Interpreter, Collector, Realizer or |! | Music Producer ". It will be destined to recognize the work |! |of the author or composer, or the artist performer or |! |performer, collector or producer or music producer |! |Chilean who, for his excellence, creativity, outstanding |! |work and contribution transcendent to the repertoire of the music |! |national be made creditors to this award in the |! |following genres: a) classic or select; b) popular, and |! |c) folkloric root and oral tradition. Article 7.-The Council shall annually be awarded this prize by the majority of its members. This shall be granted in each of the genera referred to in the previous article, to natural persons who cultivate such genera in the quality corresponding to any of the particulars mentioned in that article. The Council, by the majority of its members and in qualified cases, may assign one of the prizes jointly to two or more persons who have developed their work collectively. In this case, the prize will be divided equally. Article 8.-The Council, convened by its President, will award the prize in the month of November of each year and will deliver its decision based on the maximum period of thirty days. Article 9º.-Each national music prize "President of the Republic", includes the following awards: 1) A diploma signed by the President of the Republic, subscribed, in addition, by the President of the Council for the Promotion of National Music, in which the gender and the reference referred to in Article 6 (2) are to be recorded, and (2) a single sum up to two hundred and seventy monthly tax units. Article 10.-The award referred to in No. 2 of the previous article shall not constitute income in accordance with Article 17, No. 23, of the Law on Income Tax, set out in Decree Law No. 824 of 1974. Article 11. The Council shall also award a prize consisting of a diploma, natural or legal persons who carry out activities in the areas of phonographic production and music publishing, who have been outstanding for their contribution to the promotion of national music, which will be signed by the President of the Republic and also signed by the President of the Council for the Promotion of National Music. Two people will be awarded annually, one from each area noted. The provisions of Article 8 of this legal text will apply to your discernment. Article 12.-The Council may declare a desert of the prizes provided for in this Title. TITLE IV of the Promotion of National Music Article 13.-The organs and services of the State and |! |the municipalities, when they use music in their |! |dependencies or during the development of the acts |! |officers, must have that this is national. Article 14. The Chilean diplomatic representations accredited abroad will promote in their activities the dissemination of national music in their different genres. Article 15.-The National Music Promotion Council may conclude agreements with broadcasters, television or others, with the aim of including certain percentages of music in its programming, in the national territory. national. The Regulation shall lay down the manner in which the agreed percentages shall be certified and the weighting to be assigned to the entities which have concluded the agreements referred to in the preceding paragraph, in the contests, For the purposes of Article 3 (5) and (10) of Article 3 (5), the radio-stations operating on a daily basis shall issue at least one fifth of the invitations to tender and the marketing of radio stations. part (20%) of national music, measured on the total of songs emitted, distributed during the day The daily transmission of each station, without the possibility of accumulating more than half of the total of the broadcast of the music in the night, this is from 22:00 to 06:00. In compliance with the obligation laid down in the above, the broadcasters may include the programmes for the dissemination of music or other cultural expressions, of composers, artists or indigenous creators as set out in articles 1. and 7th of Law No. 19,253. Of the percentage of national music referred to in the above, at least twenty-five percent (25%) shall be intended for: (a) Emerging musical compositions or interpretations, meaning those recorded in phonograms in the last three years counted from the date of the radio broadcast, or b) Compositions or interpretations of regional or local identification, according to the concession area. The minimum percentage referred to in the preceding points shall be the total of the songs or musical works issued which shall be recorded on the daily run schedule drawn up by each broadcaster. Article 15a.-The radio station that will be missing the rules on minimum percentages of national music, statuesque in the previous article, will be sanctioned with a fine of five to fifty monthly tax units, which will be doubled in case of recidivism. The judgment in application of the foregoing paragraph shall be dealt with in accordance with the rules of Title XI of Book III of the Code of Civil Procedure. Article 15b.-Instaurase on the 4th of October of each year as the "Day of Music and of Chilean Musicians". Article 16.-The Registry of Intellectual Property that receives the legal deposit referred to in article 75 of Law No. 17.336, on Intellectual Property, will deliver, to the National Library, one of the copies of the musical works, printed or recorded, to archive, protect, research, disseminate and display national musical production. Such a library may include private and public law corporations or foundations, the holding of conservation, research, dissemination and exhibition activities of national musical production. In the case of the works deposited in the Register referred to in the first indent, prior to the validity of this law, the National Library shall take due account in order not to affect the purposes of the Register. Article 17.-Enter the following amendments in Article 75 of Law No 17.336: 1. In point (d), the following sentence shall be inserted after the word "contains": "except in the case of national music in which two copies must be deposited"; (2) Intercalase, in its letter (e), after the word "fixation" and the point (.) follows: "In the case of interpretations and executions of national music two copies of the fixing must be deposited.", and (3) Add, in point (g), the following sentence after the word "letter": ", and, in the case of works of national music, two copies of the score must be accompanied. " Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 7 January 2004.-RICARDO LAGOS ESCOBAR, President of the Republic.-Sergio Bitar Chacra, Minister of Education.-Nicolas Eyzaguirre Guzmán, Minister of Finance.-Francisco Vidal Salinas, Minister General of Government. What I transcribe to you for your knowledge.-Salute intently, Maria Ariadna Hornkohl Venegas, Assistant Secretary for Education. Constitutional Court Draft law on promoting Chilean music The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Chamber of Deputies |! |sent the bill enunciated in the rubric, approved |! |by the National Congress, in order that this Court |! |exercised the control with respect to the article 3rd, and by |! |judgment of December 18, 2003, dictated in the |! |cars Rol Nº 400, stated: 1. That article 3 of the submitted project is |! |constitutional, with the prevention indicated |! |below. 2. That the number 14) of the article 3rd of the project |! |remitted, is constitutional in the understanding of |! |the noted in the eighth recital of this |! |sentence. Santiago, December 22, 2003.-Rafael Larrain |! | Cruz, Secretary.