Modifies Law No. 17.336 Intellectual Property


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"Article 1-Introducense to law No. 17.336 intellectual property, the following modifications: 1. replace article 10 by the following: ' article 10.-the protection afforded by this law lasts for the lifetime of the author and extends up to 50 years, counted from the date of his death." " In the event that, upon expiration of this period, there spouse or unmarried or widowed daughters or whose spouse is affected by a definite inability for all manner of work, this term will be extended until the date of death of the last of the survivors.
The protection provided for in the preceding paragraph, shall have retroactive effect regarding the spouse and referred the author's daughters.
In the case referred to in the second paragraph of article 8 and the employer is a legal person, protection shall be 50 years from the first publication. "."
2. replace the second paragraph of article 11, by the following: "the works of the common cultural heritage may be used by anyone, provided that respect for fatherhood and the integrity of the work.".
3. replace in articles 12 and 13, the expression "thirty years", by "fifty years".
4 Article 21, replace by the following: ' article 21.-any owner, licensee, user, businessman, hirer or person having in holding any theatre, local public or station radio or television in which are represented or perform musical pieces, or theatrical, cinematographic works, phonograms or videograms containing such works, of national or foreign authors, may obtain authorization that treated the previous articles through the corresponding collective management body " , through a non-exclusive licence; and you will be bound to the payment of the remuneration that it is determined, in accordance with the standards of title V.
Any authorisations granted by such collective management bodies may limit the right of rights holders to manage their works individually with respect to unique uses of them, in accordance with the provisions of the preceding article. "."
5. delete the second paragraph of article 35.
6 repeal of article 39.
7 article 64, replace by the following: "article 64.-singular performance of one or more musical works and the recitation or reading of literary works in public shall be governed by the above provisions insofar as they may be applicable, in which case the remuneration of the author or authors may not be lower than that provided for by the management entities" in accordance with the nature of the use. The above will be considered without prejudice to the provisions of article 100. "."
8 article 67, replace by the following: ' article 67.-which use phonograms or reproductions thereof for broadcasting by radio or television or in any other form of communication to the public, shall be required to pay a fee to the artists, performers and producers of phonograms, the amount of which shall be established in accordance with article 100. "
The collection of the right of execution of phonogram referred to in this article must be performed through collective management that represent them.
The distribution of the amounts collected by concept of right of execution of phonograms shall be indicated in the proportion of 50% for artists, performers, and 50% for the Phonographic producer.
The percentage which corresponds to the artists, performers shall be apportioned in accordance with the following standards: to) two-thirds will be paid to the performer, meaning the singer, the vocal ensemble or the artist who figure in the foreground on the phonogram label or when the recording is instrumental, the director of the Orchestra.
(b) one-third will be paid, in proportion to their participation in the phonogram, the musicians companions and members of the choir.
((c) when the performer is a vocal ensemble, the part that apply to you, pursuant to the letter a), will be paid to the director of the whole, who will divide it between the components, equally. "."
9 Article 68, replace by the following: ' article 68.-producers of phonograms shall enjoy the right to authorize or prohibit the reproduction, leasing, loan and other uses of their phonograms. " This ability will last for 50 years, counted from December 31 of the year of the fixation of the respective phonogram.
In the event that the Faculty of the producer to authorize or prohibit the public performance of phonograms enters into conflict with the ability of the author to authorize or prohibit the public performance of their works, it will always be to the will expressed by the last owner.
Phonogram producer, as well as the title of the recorded work and the name of its author, must be disclosed on the label of the Phonographic disc the artist's name, the brand name that identifies it and the year of publication. Where it is materially impossible to consign those instructions directly on reproduction, they must appear on the envelope, cover, box or letterhead to accompany it must. "."
10 be replaced in article 70 the expression "thirty years" by "fifty years".
11. delete article 87.
12 title V, replace by the following: "title V of the collective management of copyright and related article 91.-collective management of copyright and related can only be performed by authorized entities in accordance with the provisions of this title, without prejudice to the provisions of the second paragraph of article 21."
Article 92.-Intellectual rights collective management bodies must be constituted as Chilean corporations of private law, in accordance with provisions in title XXXIII of the first book of the Civil Code and its social objective may only consist of the implementation of the activities of management, protection, and recovery of intellectual rights referred to in this title.
This however, the respective general Assembly of partners may agree, by an absolute majority of members, the remnants of social funds generated on the occasion of its activity, to be earmarked for the promotion of activities or assistance services for the benefit of its members and represented, and stimulus to the creation of national, along with other resources that are provided to them for such purposes.
Article 93.-without prejudice to the General provisions applicable to corporations, contained in title XXXIII of the first book of the Civil Code, the statutes of the collective management bodies shall contain the following provisions: a) the specification of the intellectual rights that the entity intends to manage.
(b) the regime of vote, which may be established taking into account criteria of weighting based on the generated rights, limiting in a reasonable manner the plural vote, except in matters relating to sanctions of exclusion of partners, in which the regime of votes will be equal.
(c) the rules that they must undergo the systems of distribution of revenue, including the percentage earmarked for administrative expenses, that in no case shall exceed 30 per cent of the proceeds.
(d) the fate of the heritage, in the event of liquidation of the Organization, and other rules governing the rights of partners and administered in such an event.
Article 94-The collective management bodies, to start any of the activities referred to in article 92 will require prior authorization from the Minister of education, which will be awarded by resolution published in the official journal.
Article 95.-the Minister of education shall grant the authorization referred to in the preceding article within 180 days of the filing of the application, if the following conditions concur: to) that the statutes of the applicant entity meet the requirements laid down in this title.
(b) that the applicant entity represent at least 20 per cent of Chilean originating holders or foreigners domiciled in Chile causing in the country, rights in a same genre of works or productions.
(c) that of the data provided and practiced information, it transpires that the requesting entity meets the conditions of fitness necessary to ensure the proper and effective administration of rights throughout the national territory.
If the Minister is not rejected within the period referred to in the preceding paragraph, the authorization shall be granted.
Article 96-The authorization may be revoked by the Minister of education if it sobreviniere or dreamed of manifest any fact that may have resulted in the denial of authorization, or if management fails to fulfil the obligations laid down in this title seriously. In these cases, the Ministry of education, prior to the revocation, apercibirá to the respective management body within the period determined, that it may not be less than 90 days, remedy or correct the observed facts.
The revocation will produce its effects to the 90 days of the publication of the respective in the official journal decision, unless the Minister of education set less in cases of serious and qualified.
Article 97.-Collective management bodies shall be always forced to accept the administration of copyright and other intellectual property rights that are entrusted to them in accordance with its objectives or purposes. They will play the custom subject to the provisions of this law and its statutes.
In cases of rights holders who are not affiliated with any entity authorized collective management, may be represented at these by, natural or legal persons, who have been tasked with precautionary or collect their royalties or related.
Article 98-The distribution of the duties collected in each collective management entity will be among the owners of the works or productions used as under the system determined in the statutes and regulations of the respective entity.
Distribution systems will include participation of holders of works and productions in the collected rights, proportional to the use of these.
Article 99.-Collective management bodies draw up, each year, a balance sheet at 31 December of each year, and a report of the activities carried out in the last fiscal year. Without prejudice to the rules of inspection laid down in the statutes, the balance sheet and the accounting documentation must be submitted to the approval of external auditors appointed by the General meeting of partners.
The balance, the report of the external auditors, will be available to members with a minimum advance of 30 days of the conclusion of the General Assembly which should be approved.
Article 100.-The management entities will be required to hire, who request the grant of non-exclusive authorizations of author's rights and related to administer, in accordance with general rates that determine the remuneration demanded by the use of its repertoire.
Management bodies may only refuse to grant the necessary authorizations to the use of its repertoire, in the event that the applicant should not make offer sufficient guarantee to meet the payment of the corresponding fee.
The rates will be set by the management bodies, through the Board of Directors of its statutes, and will apply as of its publication in the official journal.
Without limiting the foregoing, the management entities may be held with associations of users, contracts covering special rates, which shall apply to the members of such organizations, and may qualify for these special rates any user who requests it.
Users who have obtained an authorisation in accordance with this article, be given to management the list of used works, together with the payment of the respective fee.
Nothing in this article not governed with respect to the management of the works of literary, dramatic, dramatico-musical works, choreographic or pantomimicas, as also with regard to those uses referred to in the second subparagraph of article 21.
Article 101.-The trials to which the application of the rules of this title, gives rise shall be handled in accordance with the rules of title XI of Book III of the code of Civil procedure.
Article 102.-Authorized management bodies will represent legally partners and represented domestic and foreign in all kinds of administrative or judicial proceedings, without further requirement that the presentation of authorized copies of the deed containing its Statute and the resolution to adopt its operation.
For the purposes of this article, each management entity shall keep a record public of its partners and represented foreign, which may be computerized, with indication of the entity to which they belong and the category of law administered, according to the respective genre of works.
Each management entity shall send to the Ministry of education, copy of the representation contracts, legalized and protocolized, concluded with foreign management bodies of the same genus or genera of works, which also must be kept at the home of management by any interested party. "."
13 repealed title VI.