Modifications in the Collective Management of Copyright in Argentina
In line with the deregulation policies promoted by the Executive Branch since 2024, the Presidency of Argentina issued, during the first months of 2025, a series of decrees — 138/2025, 143/2025, 207/2025, and 208/2025 — introducing significant changes to the collective management system of copyright and related rights in Argentina. In practical terms, these measures imply a deregulation of the traditional system for collecting copyright royalties.
According to government officials in various media outlets, the central aim of these reforms is to eliminate monopolies and enable individual agreements, establishing transparency rules so that artists can directly receive income generated by their works without the need for intermediaries.
Until now, the entities authorized to collect and distribute income generated by the use of protected works included, among others, SADAIC, AADI, and CAPIF for composers, performers, and music producers; ARGENTORES for authors; SAGAI for actors; and DAC for filmmakers. These entities have voiced their opposition to the new measures, warning that exercising rights individually may be impracticable in most cases.
In this regard, for example, SAGAI points out that individual management would require each rights holder to negotiate directly with over 500 cable operators, television channels, streaming platforms, more than 1,000 hotels, and other content users, not to mention international agreements that would add even more complexity.
Below is a summary of the main provisions of each of the decrees mentioned:
Decree 138/2025
– Individual or collective management: Holders of copyright and related rights may choose to manage their rights individually or join one or more collective management organizations.
– Requirements for collective management: Only civil associations duly authorized by the National Copyright Office (DNDA), under the Ministry of Justice, may engage in collective management.
– Enforcement authority: The Ministry of Justice is designated as the authority responsible for authorizing and supervising collective management organizations.
Decree 143/2025
This decree complements the previous one, adapting the regime of representation of collective management societies to the new framework:
– Representation options: Performers, phonogram producers, and artists may be represented by authorized societies or establish individual agreements with users of their works.
– Setting of tariffs: Authorized entities may set, collect, and modify tariffs for the use of works, in accordance with the procedure established in Decree 138/2025.
Decree 207/2025
This decree introduces a specific provision regarding the Sociedad General de Autores de la Argentina (ARGENTORES):
– Permanent supervision: The Ministry of Justice will exercise ongoing supervision over the functioning of ARGENTORES to protect authors’ patrimony and ensure the effective enforcement of copyright.
Decree 208/2025
This decree complements the previous provisions regarding the collection of economic rights by ARGENTORES:
– Freedom of contract: The collection of rights will depend on agreements freely entered into by creators with those who wish to use their works.
– Tariffs in the absence of an agreement: If no individual agreements exist, tariffs will apply as established in Articles 8 to 10 of Decree 138/2025.
Conclusion
These reforms seek, in technical terms, to modernize and bring transparency to the collective management system in Argentina, promoting flexibility and offering new alternatives for creators to collect their economic rights. However, their effectiveness will largely depend on their practical implementation and the professional support available to both artists and users of protected works. In this new scenario, legal and technical advice will be crucial to navigating a regulatory framework undergoing transformation.
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