Inexequible - By Which Law 23 Of 1982 And 44 Of 1993 Amending And Other Provisions

Original Language Title: INEXEQUIBLE - Por la cual se modifican las Leyes 23 de 1982 y 44 de 1993 y se dictan otras disposiciones

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LAW 719 2001
(December 24)
Official Journal No 44661 of 29 December 2001

Whereby Law 23 of 1982 and 44 of 1993 amending and other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. Proportionality RATES. Hereby added to Article 159 of Law No. 23 of 1982 with the following paragraphs and paragraphs:
The fees charged by the collecting societies Copyright and Neighboring must be arranged with the users of the works, performances or artistic performances or phonographic productions, as appropriate, and shall be proportionate way:
a) a user category;
B) the form and intensity of use of the work, artistic performances or phonographic productions, as appropriate, in the marketing of goods or services;
C) the importance of the work, artistic performances or phonographic productions, as appropriate, in developing their business;
D) income for the establishment referred to in the statements of Industry and Trade of the previous year.
For which, it should adopt and publish a tariff regime that will be the proposal for consultation with users or trade associations that represent them and registered with the National Directorate of Copyright under the Ministry of Interior.
In cases in which no works, artistic performances or phonographic productions are used, there will be no payment of copyright and related rights. The collecting societies and associations and organizations they will have the obligation to issue the respective peace free and safe.
To arrange rates referred to in this article, Collective Management Societies and s associations and user organizations, will have a term of one year from the date the agreement between the parties begins. If after this deadline has not been agreed between the parties, they must communicate this fact to the Ministry of Interior, within five (5) days; event in which the Ministry will convene a conciliation hearing to be held within thirty (30) days following the notification of the call. Conciliation failed, the Interior Ministry set rates within a period of ninety (90) days, subject to the criteria set out in this Article, expressed in fractions of a legal minimum wage. PARAGRAPH 1.
. The rates are determined by the Ministry of Interior under this Article may not be higher than those that had been paying at the time of entry into force of this law, plus the CPI caused in the previous year. PARAGRAPH 2.
. Users review their tariffs may ask when they do not comply with the provisions of this Article.
Article 2.
. EQUITABLE DISTRIBUTION. Paragraph 5 of Article 14 of Law 44 of 1993 shall read as follows:
The amount of remuneration collected by collective management companies Copyright and Related Rights will be distributed among the beneficiaries was in proportion to the actual use of Your rights.
To comply with the preceding paragraph shall be required to implement a system of monitoring, inspections, planillajes, polls, surveys and other means of control.
In any case, the collecting societies may retain remuneration collected corresponding to their partners or represented, except not claimed by their beneficiaries within a period of five (5) years from the respective approval of the distribution.

ARTICLE 3. LIMIT COSTS. Paragraph 1o. Article 21 of Law 44 of 1993, will read:
The Board of Collective Management Societies of Copyright and Related Rights discuss and approve the budget of income and expenses for periods not exceeding one year. The amount of expenses by function that directly meet the collective management societies and the role of collection delegate to third parties, may not exceed in total 30% of collected gross revenue from users, income from abroad, financial returns and others. Effective Jurisprudence


TRANSITORY ARTICLE. The amount stated in the previous article shall be forty percent (40%) during the year following the effective date of this law. Effective Jurisprudence


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

Only the Board of collective management of copyright and related rights authorize expenditures that are not initially contemplated in each budget, within the limit of expenses indicated in accordance with the first paragraph. Effective Jurisprudence


Officials of the National Copyright incur serious disciplinary offense by the omission of its functions under this Act and shall be required to pay annual report on his efforts in Congress.

The 5th ITEM. To ensure payment of copyright, commercial establishments will be required in accordance with the provisions of Law 232 of 1995, must be notified their responsible previously by the owners of copyright or their representatives or by the police authorities by an educational subpoena on the basis and justification for the collection of copyright. This procedure will take place within ten (10) days prior to the requirement laid down in the Act.
The educational order mentioned in the preceding paragraph, exempt from civil or criminal liability, as applicable, who use works, artistic performances or phonographic productions without being subject to the existing rules on copyright and related rights.

ARTICLE 6o. The collecting societies are obliged to publish in a newspaper of national circulation or website, within thirty days of the adoption by the General Assembly, its financial statements with a report indicating the remuneration paid by users the previous year, yields of all kinds, the costs of the company in the respective period and the name, identification and amount received by the holders. The list of the beneficiaries indicating their identity should be addressed to the National Directorate of Copyright within the same term.

ARTICLE 7. RIGHTS OF ASSOCIATION. Holders of Copyright and Neighboring have the right to be admitted as partners in collective management companies authorized by the State. Each collecting society will be its own rules, where a sanctions regime and a regime be established affiliations.
In the event of expulsion of a partner, their economic rights must be guaranteed for a period not less than six (6) months.
The National Directorate of Copyright, under the Ministry of Interior will monitor compliance with this standard and is empowered to apply the sanction that may apply.

Article 8. Copyright not pay those establishments in which music is executed by any means known or unknown, solely for distraction from their workers and in no case for distraction from their clients.

Article 9. This law applies from the date of its publication in the Official Journal and repealing the laws that are contrary.
The President of the honorable Senate,
CARLOS GARCIA ORJUELA.
The Secretary General of the honorable Senate of the Republic (E.)
LUIS GOMEZ FRANCISCO BOADA.
The President of the honorable Chamber of Representatives, Guillermo Gaviria
ZAPATA.
The Secretary General of the honorable House of Representatives, ANGELINO
LIZCANO RIVERA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT PUBLISHED AND ENFORCED
.
Given in Bogotá, DC, on December 24, 2001.

Andres Pastrana Interior Minister,
ARMANDO ESTRADA VILLA.


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