LAW 719 OF 2001

(December 24)

Official Journal No 44.661 of 29 December 2001

By which Acts 23 of 1982 and 44 of 1993 are amended and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. PROPORTIONALITY IN THE TARIFFS. Addition to Article 159 of Law 23, 1982 with the following incites and paragrafos:

The fees to be charged by the collective management companies of Copyright and related rights must be concerted with the users of the works, interpretations or artistic performances or phonographic productions, as the case may be, and they will be proportional as follows:

a) To the category of the user;

b) To the modality and intensity of the use of the work, artistic performances or performances or phonographic productions, as the case may be, in the marketing of the good or service;

c) To the importance of the work, performances or artistic performances or phonographic productions, as the case may be, in the development of their activity;

d) To the income obtained by the establishment referred to in the Industry and Commerce declarations of the year immediately preceding.

For which, a tariff regime should be adopted and published, which will be the proposal for consultation with the users or associations representing them and registered with the National Directorate of Copyright attached to the Ministry of Education. of the Interior.

In cases where works, interpretations or artistic performances or phonographic productions are not used, there will be no place for the payment of Copyright and related rights. Collective management companies and associations and associations thereof shall have the obligation to issue the respective peace and security free of charge.

To agree the rates of this article, the Collective Management Societies and the associations and organizations of users, will have the term of one year counted from the date of the beginning of the concertation between the parties. If no agreement has been reached between the parties, the parties must inform the Ministry of the Interior, within five (5) days of the following: event in which the Ministry will have to convene a conciliation hearing. which must be completed within thirty (30) days following notification of the call. Failure of conciliation, the Ministry of the Interior shall set the rates, within a term of ninety (90) days, subject to the criteria set out in this Article, expressed in fractions of legal minimum wage in force.

PARAGRAFO 1o. The fees to be determined by the Ministry of the Interior under this Article may not exceed those that were paid at the time of entry into force of this Law, plus the CPI caused in the year immediately before.

PARAGRAFO 2o. Users may request revision of their rates when they do not conform to the provisions of this article.

ARTICLE 2o. EQUITABLE DISTRIBUTION. Article 14 of Law 44, 1993, shall be as follows:

The amount of remuneration collected by the collective management companies under copyright and related rights shall be distributed among the rights holders in proportion to the effective use of their rights.

To comply with the previous paragraph, they will be obliged to implement a system of monitoring, inspections, planning, surveys, surveys, and other means of monitoring.

In no case shall collective management companies be able to retain collected remuneration that corresponds to their partners or represented, except those not claimed by their beneficiaries in a term of five (5) years counted from the respective one. approval of the distribution.

ARTICLE 3o. COST LIMIT. The 1o paragraph. Article 21 of Law 44 of 1993, shall be as follows:

The Board of Directors of the Collective Management of Copyright and Related Rights Societies will discuss and approve its revenue and expenditure budget for periods of not more than one year. The amount of the expenses for the function directly fulfilling the collective management societies and the function of the delegated to third parties, may not exceed in total 30% of the gross revenue collected from the users, the revenue from outside, financial returns and other.

TRANSIENT item. The amount noted in the previous article, will be forty percent (40%) for the year following the current law.

ARTICLE 4. RESPONSIBILITIES. Subparagraph 3o. Article 21 of Law 44 of 1993, shall be as follows:

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 limit of expenditure indicated in conformity with the first paragraph.

The officials of the National Directorate of Copyright will incur serious disciplinary action for the omission of their duties in application of this law and will be obliged to submit annual reports on their efforts to the Congress of the Republic.

ARTICLE 5o. To ensure payment of copyright, commercial establishments shall be required in accordance with the provisions of Law 232 of 1995, (a) to be notified to the Commission in advance by the copyright holders or their representatives or by the police authorities by means of an educational comparison on the basis and justification of the collection of copyright. This procedure will take place within ten (10) days prior to the requirement laid down in that law.

The educational comparison mentioned in the previous paragraph, does not exonerate civil or criminal liability, as the case may be, to those who use works, interpretations or artistic executions or phonographic productions without subjection to the current rules in the field of copyright and related rights.

ARTICLE 6o. Collective management companies shall have the obligation to publish in a journal of a broad national circulation or website, within thirty days of the approval by the Assembly. General, its financial statements with a report indicating the remuneration paid by the users in the previous year, the returns of all orders, the expenses of the company in the respective period and the name, identification and amount received by the headlines. The list of persons benefiting with an indication of their identity card must be sent to the National Directorate of Copyright within the same term.

ARTICLE 7o. RIGHTS OF ASSOCIATION. Copyright and related rightholders have the right to be admitted as partners in the collective management societies authorized by the State. Each collective management company shall be given its own rules of procedure, where a system of penalties and a system of affiliations shall be established.

In the event of expulsion of any partner, your copyright must be guaranteed for a period of not less than six (6) months.

The National Directorate of Copyright, attached to the Ministry of the Interior will monitor compliance with this rule and is empowered to apply the sanction to the place.

ARTICLE 8. Do not pay Copyright those establishments in which the music is executed by any means known or to be known, unique and exclusively for the distraction of its workers and in no case for distraction from your clients.

ARTICLE 9o. This law governs from the date of its publication in the Official Journal and repeals any legal provisions that are contrary to it.

The President of the honorable Senate of the Republic,

CARLOS GARCIA ORJUELA.

The Secretary General of the honorable Senate of the Republic (E.),

LUIS FRANCISCO BOADA GOMEZ.

The President of the honorable House of Representatives,

GUILLERMO GAVIRIA ZAPATA.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND COMPLY.

Dada in Bogotá, D. C., on December 24, 2001.

ANDRES PASTRANA ARANGO

The Minister of the Interior,

ARMANDO ESTRADA VILLA.