Whereby Amending And Supplementing Law No. 23 Of 1982 And Law 29 Of 1944 Amending

Original Language Title: Por la cual se modifica y adiciona la Ley 23 de 1982 y se modifica la Ley 29 de 1944

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LAW 44 OF 1993
(February 5)
Official Gazette No. 40,740, of February 5, 1993
Whereby amending and supplementing Law No. 23 of 1982 and Law 29 of 1944 amending | || Effective Notes Summary

THE CONGRESS OF COLOMBIA,
DECREES: CHAPTER I.

SPECIAL PROVISIONS.
ARTICLE 1o. Employees and public officials who are authors of works protected by copyright, contract may provide them with any public entity.
Article 2.
. Article 29 of Law 23 of 1982 shall read as follows:
rights enshrined in favor of performers, producers of phonograms and broadcasting organizations the following duration:
When the holder is a natural person, the protection will be dispensed during his lifetime and eighty years after his death.
If the holder is a legal person, the term of protection shall be fifty years, counted from the last day of the year when the performance took place, the first publication of the sound recording or, if not published, its first fixation or transmission of the broadcast.
CHAPTER II.
THE NATIONAL REGISTRY OF COPYRIGHT.

ARTICLE 3. You can register on the National Register of Copyright.
A) literary, scientific and artistic works:
b) Acts under which the copyright is disposed of, and any other instrument or contract associated with copyright or related rights;
C) phonograms;
D) The general powers granted to natural or legal persons to manage with the National Directorate of Copyright, or any of its agencies, matters relating to Law 23 of 1982.

ARTICLE 4. The registration of works and instruments subject to the formalities of the previous article aims:
a) to publicize the rights of owners and the instruments and contracts that transfer or alter the ownership covered by the law;
B) give a guarantee of authenticity and security to titles of copyright and related rights and the acts and documents referred to them.

The 5th ITEM. The registration of works and instruments must be adjusted, if possible, to the forms and terms established by common law for the registration of public instruments.
Such diligence will be signed in the corresponding book or books by the competent official.

ARTICLE 6o. Any act by which the Copyright and Related Rights as well as any other instrument or contract associated with these rights is disposed of, shall be registered in the National Register of Copyright as a condition of publicity and enforceability on third parties.

ARTICLE 7. The editor, the producer of audiovisual works, the phonographic producer and video recorder, established in the country, of any printed work, audiovisual work, phonogram or videogram, or importer of books, phonograms or videograms circulating in Colombia must meet within 60 working days following its publication, public transmission, reproduction or importation, with the legal deposit them to the entities and in the amount defined in the regulations issued for that purpose by the Government.
The omission of the legal deposit referred to in this article will cause the producer of audiovisual works, phonogram producer, video recorder, or importer editor, as appropriate, a fine equal to 10 times the commercial value of each copy not deposited, which it will be imposed by the Director of the National Library, a reasoned decision. Editor's Notes

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Article 8. All work is presented as unprecedented for purposes of registration in the National Register of Copyright it may be consulted by the author of it.

Article 9. The National Government will establish the requirements and procedures of registration with the National Register of Copyright.
CHAPTER III.
OF COLLECTING SOCIETIES COPYRIGHT AND RELATED RIGHTS.

ARTICLE 10. Holders of copyright and neighboring rights may form collective management of copyright and related rights, non-profit organization with legal personality, to defend its interests under the provisions established in the law 23 of 1982 and this Act.

Effective Decisions
ARTICLE 11. The recognition of legal Personaría to collective management of copyright and related rights will be conferred by the National Directorate of Copyright, reasoned decision.


ARTICLE 12. The collective management of copyright and related rights to be established after the effective date of this Act may not operate with less than one hundred (100) members, who must belong to the same activity . Effective Jurisprudence


PARÁGRAFO.Las collective management of copyright and related rights are always obliged to accept the administration of the rights of its members.

ARTICLE 13. The powers of collective management of copyright and related rights:
1. To represent its members before the judicial and administrative authorities in all matters of general and particular interest to them.
Before the judicial authorities Members may assist personally with representatives of their association in the efforts they carried out and that affect them.
2. Negotiate with users the conditions of authorizations to carry out acts covered by the rights they manage and the corresponding remuneration, and granting such authorizations, under the terms of the mandates that these conferred without disregarding the limitations imposed by law.
3. Negotiate with third the amount of equitable remuneration payable where they exercise the right collection of the consideration.
4. Collecting and distributing to its members, remuneration from the corresponding rights. To exercise this attribution associations they will be considered as agents of their members by the simple act of affiliation to them.
5. Contracts or agreements on behalf of its partners, regarding matters of general or particular interest.
6. Enter into agreements with foreign collective societies managing the same activity or management.
7. Representing the country to foreign companies who have contracts with representation before courts and administrative authorities in all matters of general and particular interest of its members, with the power to stand trial on their behalf.
8. Ensure the safeguarding of national artistic and intellectual tradition.
9. Other than the law and statutes authorize.

ARTICLE 14. The collective management of copyright and related rights will be organized and operate according to the following rules:
1. They admitted as partners to rights holders that request and duly evidencing their capacity as such in the respective activity.
The statutes determine the form and conditions of admission and withdrawal of the association, cases of expulsion and suspension of social rights and the means to prove the status of copyright holders.
2. Resolutions concerning the systems and rules of collection and distribution of remunerations from the use of the rights administered and other important aspects of collective administration, shall be approved by the Board.
3. Members of a society for the collective management of copyright and related rights should receive regular, full and detailed information on all activities of society that may concern the exercise of their rights information.
4. Without the express authorization of the General Assembly of Participants, any remuneration collected by a collective management of copyright and related rights may be allocated for any purpose that is different than cover the actual cost of administering the respective rights and distribute the remaining amount of remuneration after deduction of such expenses.
5. The amount of remuneration collected by collective management companies of copyright and related rights will be distributed among eligible keeping proportion to actual use of their rights. Effective Notes

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6. Foreign partners whose rights are administered by a collective management of copyright and related rights, either directly or on the basis of agreement with foreign sister societies of collective management of copyright and related rights that directly represent such partners , shall enjoy the same treatment as members who are nationals or have their habitual residence there and are members of the collecting society or are represented by it.
7. The collective management of copyright and related rights shall have the following organs: The General Assembly, a Board, a Supervisory Committee and a prosecutor.


ARTICLE 15. The General Assembly is the supreme body of the association and elect the members of the Board of Supervisory Committee and the Prosecutor. Its powers, operation and call shall be fixed by the statutes of the respective association.

ARTICLE 16. The Board of Directors shall be composed of active members of the association have no less than three (3) nor more than seven (7), which will be elected by the General Assembly through the electoral quotient system, with their alternates, which must be personal.

ARTICLE 17. The Board of Directors is the governing body and management of the company, subject to the General Assembly, whose terms run. Its powers and functions are specified in the statutes.

ARTICLE 18. The Board of Directors shall elect a Manager, who will be the legal representative of the company who comply with the provisions and resolutions of the Board. Its powers and functions are specified in the statutes.

ARTICLE 19. The Audit Committee shall consist of three (3) principal members and three (3) numeric alternates, who must be members of the association. Its powers and functions are specified in the statutes.

ARTICLE 20. People who are part of the Board, Audit Committee, the Manager and the Prosecutor of collective management of copyright and related rights, may not appear on similar organs of another collecting society copyright and related rights.
The Manager may not serve as a member of the Board, Audit Committee or any other body of the collective management of copyright and related rights.

ARTICLE 21. EI Board of Directors of the collective management of copyright and related rights will discuss and approve the budget of income and expenses for periods not exceeding one (1) year. The amount of expenses shall not exceed, in any case, thirty percent (30%) of the total amount of remuneration collected effectively by the use of the rights of its members and members of collecting societies to foreign copyright and related rights or similar with which it has reciprocal representation contract. Editor's Notes

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In order to satisfy social and cultural purposes previously defined by the General Assembly, the collective management of copyright and neighboring rights may only set aside for these purposes, up to ten percent (10%) than proceeds. Effective Jurisprudence


Only the Board of collective management of copyright and related rights authorize expenditures that are not initially contemplated in each budget, without exceeding the limits mentioned above, being jointly liable directives of the association for infringements to this article. Effective Notes

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The budgets of collecting societies copyright and neighboring rights shall be subject to judicial review of the National Directorate of Copyright.

ARTICLE 22. Prescribed in three (3) years from the date of notification to interested personal project sharing or distribution in favor of collective management societies of copyright and related rights and against partners, the remuneration is not charged for them. Effective Jurisprudence


ARTICLE 23. The statutes of collective management of copyright and related rights must contain at least:
a) Name, address and geographical area of ​​activities;
B) Scope of its activities, which must be related to the rights administered;
C) requirements and procedures for the acquisition, suspension and loss of membership;
D) categories partners;
E) rights and obligations of members and way of exercising the right to vote;
F) Determination of system and election procedures directives;
G) forms of management, organization, administration and internal supervision.
H) Composition of management bodies, control and setting functions;
I) Forms of constitution and increase of operating capital;
J) duration of each accounting period;
K) rules for the dissolution and liquidation of management companies;
L) Rules for the administration of its assets, issuance and implementation of budgets and presentation of balance sheets;

M) Procedure for the reform of its statutes;
N) such other provisions as may be necessary for the proper and normal functioning of associations.

ARTICLE 24. The statutes adopted at the General Assembly the collective management of copyright and related rights, be subject to judicial review before the National Directorate of Copyright, which once reviewed and found consistent with the law, they will impart approval.
ARTICLE 25. Only
may be taken as collective management of copyright and related rights and exercising the powers provided by law, the established and recognized in accordance with the provisions thereof. Effective Jurisprudence


ARTICLE 26. The collective management of copyright and related rights should be adjusted in the exercise and performance of its functions and powers to the provisions of this Chapter, are being found under the inspection and supervision of the National Directorate of Law Copyright. Effective Jurisprudence


ARTICLE 27. In order to ensure proper collection of remuneration from the public performance of musical works and communication to the public of phonograms, collective management of copyright and related rights, may constitute a collecting entity which will seat all companies with the same object which are recognized by the National Directorate of Copyright. The National Government shall determine the manner and conditions of their constitution, organization, administration and operation and shall exercise inspection and supervision over it. Editor's Notes

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ARTICLE 28. The collective management of copyright and related rights must submit to the National Directorate of Copyright general contracts with associations of users. Effective Jurisprudence

ARTICLE 29.
covenants, agreements or contracts entered into collective management of copyright and related rights Colombian copyright societies or similar foreign, be entered in the National Register of Copyright.

ARTICLE 30. The collective management of copyright and related rights are required to develop internal regulations in which the form is required as partners should be made between the equal sharing of remuneration collected and the way it will set the rates for the various uses concept of works, artistic performances and copies or reproductions of phonograms. Effective Jurisprudence


ARTICLE 31. The collective management of copyright and related rights are required to publish in a newspaper or internal bulletin their balance sheets by sending a copy of each bulletin by registered mail to the address registered by each partner.

ARTICLE 32. The General Assembly of the collective management of copyright and related rights will ordinarily meet at least one (1) time per year during the three (3) months of the year and special meetings when it is called by those who are statutorily empowered to do so.
At such meetings may attend the National Directorate of Copyright through a delegate.

ARTICLE 33. The names of the members of the Board, the members of the Supervisory Committee, the Manager, Secretary, Treasurer and Prosecutor must register with the National Directorate of Copyright; any changes will be communicated to that dependence, attaching a copy of the act for which they were appointed or elected, indicating the address, name and identification. Such designations not have any effect within the company or third parties until registered.

ARTICLE 34. The Director General of Copyright may refuse registration of the designation of the dignitaries mentioned in the previous article, in the following cases:
a) violation of laws and / or statutory in the election;
B) be in judicial interdiction, it has been sentenced to deprivation of liberty for any intentional crime, for being or have been suspended or excluded from the exercise of a profession.

ARTICLE 35. The acts of choice made by the General Assembly and the Assemblies Sectionals and acts of administration of the Board, may be appealed within thirty (30) days after its completion, with the National Directorate of Law author by either partner when it does not meet the law or the statutes.


ARTICLE 36. To meet the challenges that the previous article, the National Directorate of Copyright may on its own initiative or at the request of an interested party, practice visits to collecting societies, order and practice evidence that it considers necessary in order to declare, as the case may be, the annulment of the elections and the acts that have been produced with violation of the law and / or the statutes, and determine whether in the imposition of any sanction.
The procedure for resolving disputes will be regulated by the Government.

ARTICLE 37. The National Directorate of Copyright, in exercise of the power of inspection and surveillance provided by this Act may conduct research to collective management of copyright and related rights, to examine its books, stamps , request documents and information deemed relevant in order to verify compliance with the legal and statutory standards. Conducted an investigation, the National Directorate of Copyright shall transmit to society of charges that may apply for clarifications and rebuttals of the case are formulated and the evidence supporting it is provided.
PARÁGRAFO.El National Government shall regulate the procedure and terms will be subject to investigation. Effective Jurisprudence


ARTICLE 38. The National Directorate of Copyright infringement after verifying the legal and statutory rules may impose reasoned decision any of the following sanctions:
a) written reprimand to society;
B) Imposing fines up to fifty (50) minimum monthly wages, taking into account the economic capacity of society;
C) suspend the legal status for a term of six (6) months, and Constitutional Court
:
- Literal d) declared EXEQUIBLE by the Constitutional Court Sentence C-265-94 of 2 June 1994, Judge Speaker Dr. Alejandro Martinez Caballero.
D) Cancel the legal personality. Effective Jurisprudence


ARTICLE 39. While a society of collective management of copyright and related rights has suspended its legal status, its directors or legal representatives may not enter into contracts or perform operations on its behalf, except those necessary for the social heritage conservation. The violation of this rule, will severally liable for the damages caused to the company or third parties.
ARTICLE 40.
firm Providence decreeing the cancellation of legal personality, society and the National Directorate of Copyright shall be dissolved, by reasoned decision, shall order the liquidation and its duration. The General Assembly will appoint a liquidator who may be deposited (sic) of goods, which in any case is an individual, who shall be entitled to remuneration determined in the act of appointment, the budget of the company being forced to submit reports to them on request.

ARTICLE 41. The liquidation of the company will be held in the term established by the National Directorate of Copyright observing the following procedure:
a) once the resolution decreeing liquidation will be notified personally to your legal representative, indicating that it came against the internal appeals and appeal.
B) Once the resolution decreeing liquidation, the liquidator will publish three (3) notices in a newspaper of national circulation at intervals of fifteen (15) days of each other, which will be informed about the process settlement, urging stakeholders to assert their rights. These publications will be made from the budget of the company;
C) The statutes determine the terms for the settlement to be counted from the day following the last publication mentioned in paragraph b) of this Article;
D) obligations to third parties are payable, observing the legal provisions on priority of claims. Fulfilled the above if an asset is remaining, it will enjoy among the partners according to their rights or in the form established by the statutes.

ARTICLE 42. The collective management of copyright and related rights are required to submit quarterly activity reports to the National Directorate of Copyright, dependency resolution must indicate by how they should be presented the same.


ARTICLE 43. The collective management of copyright and related rights must create and maintain a documentary with the musical works and phonograms declared by the partners when applying for admission to the society, whose purpose will be to prove the catalog of works, artistic performances and copies or reproductions of phonograms that manages on behalf of its partners.

ARTICLE 44. The collective management of copyright and related rights will contract the audit of its accounting systems and management with natural or legal persons.
OF ineligibility and incompatibility

ARTICLE 45. Members of the Board, in addition to those enshrined in the statutes disabilities shall have the following:
a) being related to each other, within the fourth degree of consanguinity, affinity or first civil;
B) Be spouses, partner (a) permanent each other;
C) being artistic director, owner, partner, representative or attorney of bodies indebted to the Company or that are in dispute with it;
D) Being a relative within the fourth degree of consanguinity, affinity, first civil, spouse, partner (a) permanent members of the Supervisory Committee, the Manager, Secretary, Treasurer or Controller of the society and
e) Being a relative within the fourth degree of consanguinity, affinity, first civil, spouse, partner (a) permanent officials of the National Directorate of Copyright.

ARTICLE 46. The members of the Supervisory Committee in addition to those enshrined in the statutes disabilities shall have the following:
a) being related to each other within the fourth degree of consanguinity, affinity or first civil;
B) Be spouses, partners (a) permanent each other;
C) Be artistic director, entrepreneur, owner, partner, agent, attorney or officer of bodies indebted to the Company or that are in dispute with it;
D) Being a relative within the fourth degree of consanguinity, affinity, first civil, spouse, partner (a) permanent members of the Board of Directors, the Manager, Secretary, Treasurer or Controller of the Company, and
e) Being a relative within the fourth degree of consanguinity, affinity, first civil, spouse, partner (a) permanent officials of the National Directorate of Copyright.

ARTICLE 47. The Manager, Secretary and Treasurer of association, in addition to the disqualifications and incompatibilities enshrined in the statutes, shall have the following:
a) Being a manager, secretary or treasurer or belong to the Board of another association regulated by this Act;
B) Being a relative within the fourth degree of consanguinity, affinity, first civil, spouse, partner (a) permanent members of the Board, Supervisory Committee, the Manager, Secretary, Treasurer and prosecutor of the Company;
C) Be artistic director, entrepreneur, owner, partner, agent, attorney or official bodies indebted to the society or who are in dispute with it.
D) Being a relative within the fourth degree of consanguinity, affinity, first civil, spouse, partner (a) permanent officials of the National Directorate of Copyright.
E) To occupy leadership positions in any union or union group of the same kind.
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