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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ACT 44 OF 1993

(February 5)

Official Journal No. 40,740 of 5 February 1993

By which Law 23 of 1982 is amended and added and Law 29 of 1944 is amended

THE CONGRESS OF COLOMBIA,

DECRETA:

CHAPTER I.

SPECIAL PROVISIONS.

ARTICLE 1o. Employees and civil servants who are authors of works protected by Copyright may have contractually available to them with any public law entity.

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ARTICLE 2o. Article 29 of Law 23, 1982, will be as follows:

The rights, established in favour of performers, producers of phonograms and broadcasting organisations, shall have the following duration:

When the holder is a natural person, protection will be dispensed during his life and eighty years from his death.

When the holder is a legal person, the term of protection shall be fifty years, counted from the last day of the year in which the interpretation or execution took place, the first publication of the phonogram or, if not published, of its first fixing, or the issue of its broadcasting.

CHAPTER II.

FROM THE NATIONAL COPYRIGHT RECORD.

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ARTICLE 3o. They may be entered in the National Register of Copyright.

a) Literary, scientific and artistic works:

(b) Acts under which the Copyright is enforced, as well as any other act or contract related to copyright or related rights;

c) Phonograms;

d) General powers granted to natural or legal persons to manage before the National Directorate of Copyright, or any of its dependencies, matters related to Law 23 of 1982.

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ARTICLE 4. The record of the works and acts subject to the formalities of the previous article is intended to:

(a) Give publicity to the right of the holders and to the acts and contracts that transfer or change that domain covered by the law;

b) Give assurance of authenticity and security to copyright and related rights titles and to the acts and documents they refer to.

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ARTICLE 5o. The record of the works and acts must be adjusted, as far as possible, to the form and terms pre-established by the common law for the registration of public instruments.

Such diligence will be signed in the appropriate book or books by the competent official.

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ARTICLE 6o. Any act pursuant to which the Copyright, or the Related Rights as well as any other act or contract linked to these rights, shall be entered in the National Register of the Copyright as a condition of advertising and oponability to third parties.

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ARTICLE 7o. The publisher, the producer of audiovisual works, the phonographic producer and videowriter, established in the country, of any printed work, audiovisual work, phonogram or videogram, or the importer of books, phonograms or videograms circulating in Colombia must comply, within 60 working days following their publication, public transmission, reproduction or import, with the legal deposit of the same before the entities and in the quantity defined in the regulation that the National Government will issue for the effect.

72 of Decree 2150 of 1995. The new text is as follows: > The omission of the Legal Deposit referred to in this article will cause the publisher, producer of audiovisual works, phonographic producer, videowriter, or importer, as the case may be, a fine equal to 10 times the value of each undeposited copy, which shall be imposed by the Director of the National Library, by means of a reasoned decision.

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ARTICLE 8. Any work that is presented as unpublished for the purposes of the registration in the National Register of Copyright may only be consulted by the author or authors of the same.

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ARTICLE 9o. The National Government will establish registration requirements and procedures in the National Register of Copyright.

CHAPTER III.

OF COPYRIGHT AND RELATED RIGHTS COLLECTIVE MANAGEMENT SOCIETIES.

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ARTICLE 10. Copyright and related rights holders may form societies for the collective management of copyright and related rights, without profit or legal status, for the defence of their interests in accordance with the provisions laid down in Law 23 of 1982 and in this Law.

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ARTICLE 11. The recognition of the legal status of the collecting societies of copyright and related rights shall be conferred by the National Directorate of Copyright, by means of motivated resolution.

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ARTICLE 12. The collective management companies of copyright and related rights that are constituted from the time of this Law, will not be able to operate with less than one hundred (100) partners, who must belong to the same activity.

PARAGRAFO.The collective management societies of copyright and related rights are always obliged to accept the administration of the rights of their associates.

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ARTICLE 13. They are the privileges of collective management societies for copyright and related rights:

1. To represent their partners before the judicial and administrative authorities in all matters of general and particular interest to them.

Before the judicial authorities, the partners will be able to contribute personally to the representatives of their association, in the efforts they carry out and which affect them.

2. To negotiate with the users the conditions of the authorizations for the performance of acts understood in the rights that they administer and the corresponding remuneration, and to grant those authorizations, in the terms of the mandates that these confide and without knowing the limitations imposed by the law.

3. To negotiate with third parties the amount of the fair consideration that corresponds when they exercise the right to such consideration.

4. To collect and distribute to your members, the remuneration of the rights that correspond to you. For the exercise of this attribution the associations shall be considered as mandatorys of their associates by the simple act of affiliation to them.

5. To contract or agree, on behalf of its partners, on matters of general or particular interest.

6. Conclude agreements with foreign collective management companies of the same activity or management.

7. To represent in the country foreign companies with whom they have a contract of representation before the judicial and administrative authorities in all matters of general and particular interest of their members, with the power to be in judgment on your behalf.

8. To ensure the safeguarding of the national intellectual and artistic tradition.

9. Others that the law and statutes authorize.

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ARTICLE 14. The collective management societies of copyright and related rights shall be organized and operated in accordance with the following rules:

1. They shall admit as partners to the rightholders who request them and who duly credit their quality in the respective activity.

The statutes will determine the form and conditions of admission and withdrawal of the association, the cases of expulsion and suspension of social rights, as well as the means to prove the status of copyright holders.

2. The resolutions concerning the systems and rules of collection and distribution of the remuneration arising from the use of the rights it administers and on the other important aspects of the collective administration, will be approved by the Board of Directors.

3. Members of a collective management company for copyright and related rights shall receive regular, complete and detailed information on all the activities of the company that may be of interest to the exercise of their rights.

4. Without the express authorisation of the General Assembly of Affiliates, no remuneration collected by a collective management company for copyright and related rights may be used for any purpose other than that of covering expenses. effective management of the respective rights and distribute the remaining amount of the remuneration after deduction of those expenses.

5. The amount of the remuneration collected by the collecting societies for copyright and related rights shall be distributed among those entitled to the right to the effective use of their rights.

6. Foreign partners whose rights are administered by a collective management company of copyright and related rights, either directly or on the basis of agreement with foreign sister societies of collective management of rights of author and related rights directly representing such partners, shall enjoy the same treatment as the partners who are nationals of the country or have their habitual residence in it and who are members of the collective management company or are represented for her.

7. The collecting societies for copyright and related rights shall have the following bodies: The General Assembly, a Board of Directors, a Surveillance Committee and a Prosecutor.

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ARTICLE 15. The General Assembly shall be the supreme body of the association and shall elect the members of the Board of Directors, the Supervisory Committee and the Prosecutor. Their attributions, operation and convocation shall be set by the statutes of the respective association.

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ARTICLE 16. The Board of Directors shall be composed of active members of the association in number not less than three (3) and not more than seven (7), which shall be elected by the General Assembly through the The voting system, with their respective alternates, must be personal.

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ARTICLE 17. The Board of Directors shall be a management and administrative body of the company, subject to the General Assembly, whose mandates shall be executed. Its privileges and functions will be specified in the statutes.

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ARTICLE 18. The Board of Directors will elect a Manager, who will be the legal representative of the society who will comply with the provisions and agreements of the Board of Directors. Its privileges and functions will be specified in the statutes.

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ARTICLE 19. The Surveillance Committee shall consist of three (3) principal members and three (3) numerical substitutes, who shall be members of the association. Its privileges and functions will be specified in the statutes.

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ARTICLE 20. The persons who are part of the Board of Directors, the Supervisory Committee, the Manager and the Prosecutor of a society of collective management of copyright and related rights, may not appear in similar bodies of another collective management company for copyright and related rights.

The Manager may not serve as a member of the Board of Directors, the Supervisory Committee or any other organ of the collective management company for copyright and related rights.

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ARTICLE 21. The Board of Directors of the collective management companies for copyright and related rights shall discuss and approve their revenue and expenditure budget for periods not greater than one (1) year. The amount of expenditure may in no case exceed 30% (30%) of the total amount of the remuneration actually collected for the use of the rights of its members and members of the management companies collective rights of copyright and related foreign or similar rights with which it has a reciprocal representation contract.

With the goal of satisfying social and cultural goals, previously defined by the General Assembly, the collective management societies of copyright and related rights only be able to allocate for these purposes, up to ten percent. (10%) of the collected.

Only the Board of Directors of the collective management companies of copyright and related rights shall authorize the erogations that are not initially contemplated in each budget, without exceeding the limits already stated, being responsible jointly and severally the directives of the association for violations of this article.

The budgets of the collecting societies for copyright and related rights must be subject to the legality control of the National Copyright Directorate.

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ARTICLE 22. Prescriben in three (3) years, from the date of the personal notification to the interested party of the distribution or distribution project, in favor of the collective management societies of rights of author and related rights and against the partners, the remuneration not charged by them.

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ARTICLE 23. The statutes of the collective management companies for copyright and related rights shall contain, at least:

(a) Denomination, domicile and territorial scope of activities;

b) Object of their activities, which must be related to the rights they administer;

(c) Requirements and procedures for the acquisition, suspension and loss of partner quality;

d) Partner categories;

e) Rights, obligations of the members and form of exercise of the right to vote;

f) Determination of the system and procedures for choosing directives;

g) Forms of management, organization, administration and internal surveillance.

h) Composition of the management, control and function setting organs;

i) Formas of constitution and increase of assets for its operation;

j) Duration of each financial and financial year;

k) Rules for the dissolution and liquidation of management companies;

l) Rules for the administration of their assets, issuance and execution of budgets and presentation of balance sheets;

m) Procedure for the reform of its statutes;

n) Other prescriptions deemed necessary for the proper and normal operation of the associations.

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ARTICLE 24. The statutes to be adopted by the General Assembly of the collective management companies for copyright and related rights, shall be subject to the control of legality before the National Directorate of Law Author, which once reviewed and found in accordance with the law, will give them approval.

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ARTICLE 25. Only collective management companies of copyright and related rights may be taken as corporations, and exercise the powers that the law points out, that are constituted and recognized in accordance with the laws of the provisions of the same.

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ARTICLE 26. The collective management companies of copyright and related rights must conform in the exercise and fulfillment of their functions and attributions to the rules of this Chapter, finding subject to the inspection and surveillance of the National Copyright Directorate.

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ARTICLE 27. In order to guarantee the due collection of the remuneration arising from the public execution of the musical works and the communication to the public of the phonograms, the societies of collective management of copyright and related rights, may constitute a collecting entity in which all societies with identical objects that are recognized by the National Directorate of Copyright will have seat. The National Government shall determine the manner and conditions of its constitution, organisation, administration, and and shall exercise and exercise inspection and surveillance.

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ARTICLE 28. The collective management companies of copyright and related rights shall forward to the National Directorate of Copyright the general contracts concluded with the associations of users.

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ARTICLE 29. The covenants, agreements or contracts that conclude the collective management companies of Colombian copyright and related rights with foreign copyright or similar companies, enroll in the National Copyright Register.

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ARTICLE 30. The collective management companies of copyright and related rights are obliged to draw up internal regulations in which the form must be established between the partners. the equitable distribution of the remuneration collected and the way in which the fees for the various uses of works, artistic performance and copies or reproductions of phonograms are to be fixed.

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

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ARTICLE 32. The General Assembly of the collecting societies for copyright and related rights shall ordinarily meet at least one (1) time each year for the first three (3) months of the year and in an extraordinary manner when it is convened by those who have been empowered to do so.

Such assemblies may be attended by the National Copyright Directorate through a delegate.

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ARTICLE 33. The name of the members of the Board of Directors, members of the Supervisory Committee, the Manager, the Secretary, the Treasurer and the Prosecutor must register with the National Directorate of the Copyright; any modification shall be communicated to the said dependency, attaching a copy of the act by which they were appointed or chosen, indicating the address, name and document of identification. Such designations shall have no effect within the company or against third parties until their registration.

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ARTICLE 34. The Director General of Copyright may deny the registration of the designation of the dignitaries mentioned in the previous article, in the following cases:

a) For violation of statutory and/or statutory provisions in the election;

(b) For being in judicial interdiction, having been sentenced to a custodial sentence for any criminal offence, for finding or having been suspended or excluded from the exercise of a profession.

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ARTICLE 35. The acts of election carried out by the General Assembly and the Sectional Assemblies and the acts of administration of the Board of Directors, may be contested within thirty (30) days of its realization, before the National Directorate of Copyright by any of the associates when it does not conform to the law or the statutes.

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ARTICLE 36. In order to resolve the challenges of the previous article, the National Directorate of Copyright may, at its own initiative, or at the request of an interested party, practice visits to collective management, decree and practice the evidence which it considers necessary for the purpose of declaring, where appropriate, the nullity of the elections and the acts which have been produced in violation of the law and/or the statutes, and shall determine whether there is a place for the imposition of any penalty.

The procedure for resolving disputes will be regulated by the National Government.

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ARTICLE 37. The National Directorate of Copyright, in exercise of the authority of inspection and surveillance granted by this law, may advance investigations into the collective management companies of copyright and related rights, examine your books, stamps, documents and ask for any information you consider relevant for the purpose of verifying compliance with statutory and statutory rules. In an investigation, the National Directorate of Copyright will transfer to the company the charges that there is a place for the clarification and the discharge of the case and the evidence that supports it.

PARAGRAFO.The National Government will regulate the procedure and the terms to which the investigation will be subject.

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ARTICLE 38. The National Directorate of Copyright once the violation of statutory and statutory rules has been established may impose, by means of a reasoned resolution, any of the following penalties:

a) To be written to society;

b) Impose fines up to fifty (50) minimum monthly wages, taking into account the economic capacity of society;

c) Suspend legal status for up to six (6) months, and

Constitutional Court:

-Literal d) declared EXEQUABLE by the Constitutional Court by Judgment C-265-94 of 2 June 1994, Magistrate Rapporteur Dr. Alejandro Martínez Caballero.

d) Cancel the legal person.

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ARTICLE 39. As long as a collective management company of copyright and related rights has suspended its legal status, its administrators or legal representatives will not be able to conclude contracts. or carry out operations on behalf of it, other than those necessary for the conservation of the social heritage. The violation of this rule will make them jointly and severally liable for the damages they cause to society or to third parties.

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ARTICLE 40. In firm the providence that decrees the cancellation of the legal person, the company will be dissolved and the National Directorate of the Copyright, by means of a reasoned resolution, will order the liquidation and its term of duration. The General Assembly shall appoint a liquidator who may be deposited (sic) of the goods, which shall in any event be a private party, who shall be entitled to the remuneration to be determined in the act of appointment, from the budget of the company being required to submit reports that are requested to them.

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ARTICLE 41. The liquidation of the company shall be carried out in the term established by the National Directorate of Copyright by observing the following procedure:

(a) Your legal representative shall be notified personally to your legal representative after the decision declaring the settlement has been filed, indicating that the replacement and appeal proceedings are against it.

(b) The settlement that decrees the settlement is executed, the liquidator shall publish three (3) notices in a national wide circulation journal with intervals of fifteen (15) days between one and the other, in which the process of liquidation, urging those concerned to assert their rights. Such publications shall be made from the budget of the company;

(c) The statutes of the company shall determine the terms for the settlement which shall be counted from the day following the last publication in which it deals with the literal (b) of this Article;

(d) The obligations contracted with third parties will be paid, observing the legal provisions on credit ranking. If an asset remains a remaining asset, it will be enjoyed among the associates in accordance with their rights or in the form that the statutes establish.

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

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ARTICLE 43. The collective management companies of copyright and related rights must create and maintain a documentary background with the musical works and phonograms, declared by the partners when making the application for entry into the company, the purpose of which is to establish the catalogue of works, artistic performances and copies or reproductions of phonograms which it administers on behalf of its associates.

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ARTICLE 44. The collective management companies of copyright and related rights shall contract the audit of systems and their accounting management with natural or legal persons.

OF INABILITIES AND INCOMPATIBILITIES

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ARTICLE 45. The members of the Board of Directors, in addition to the inabilities enshrined in the statutes, shall have the following:

a) Being relatives to each other, within the fourth degree of consanguinity, second of affinity or first civil;

b) Being Spouses, Companion (a) permanent to each other;

(c) Be artistic director, owner, partner, representative or lawyer at the service of the debtor entities of the Company or who are in dispute with them;

d) To be a relative within the fourth degree of consanguinity, second of affinity, first civil, spouse, companion (a) permanent of the members of the Surveillance Committee, of the Manager, of the Secretary, of the Treasurer or of the Prosecutor of the society, and

e) Being a relative within the fourth degree of consanguinity, second affinity, first civilian, spouse, permanent partner (a) of the officials of the National Copyright Directorate.

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ARTICLE 46. The members of the Surveillance Committee, in addition to the inabilities enshrined in the statutes, will have the following:

a) Being relatives to each other within the fourth degree of consanguinity, second of affinity or first civil;

b) Being spouses, peers (a) permanent with each other;

(c) Be artistic director, employer, owner, partner, representative, lawyer or official of the debtor's debtor entities or who are in dispute with them;

d) Being a relative within the fourth degree of consanguinity, second of affinity, first civil, spouse, companion (a) permanent of the members of the Board of Directors, of the Manager, of the Secretary, of the Treasurer or of the Prosecutor of the Society, and

e) Being a relative within the fourth degree of consanguinity, second affinity, first civilian, spouse, permanent partner (a) of the officials of the National Copyright Directorate.

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ARTICLE 47. The Manager, Secretary, and Treasurer of Association, in addition to the inabilities and incompatibilities enshrined in the statutes, shall have the following:

a) Being a manager, secretary or treasurer or belonging to the Board of Directors of another association of those regulated by this Law;

b) Being a relative within the fourth degree of consanguinity, second of affinity, first civil, spouse, companion (a) permanent of the members of the Board of Directors, of the Supervisory Committee, of the Manager, of the Secretary, of the Treasurer and of the Prosecutor of the Society;

(c) To be artistic director, businessman, owner, partner, representative, lawyer or official of the debtor entities of the company or who are in dispute with it.

d) To be a relative within the fourth degree of consanguinity, second of affinity, first civil, spouse, partner (a) permanent of the officials of the National Directorate of Copyright.

e) Occupy management positions in any union or guild of the same kind.

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