New attacks to Authors’ Rights occur in Brazil and in Argentina

Last August 30th., in Argentina, a decree was signed in which a maximum fee for TV airings is established for all societies of artists and interpreters, while in Brazil, put an end to the collection of author’s rights in hotel rooms.

To everyone´s surprise, on August 30th. 2019, a decree was published on the Official Bulletin of the Argentine Republic, DNU – Decreto de Necesidad y Urgencia – N° 600/19 (Decree of Necessity and Urgency) in which a maximum fee is established for TV airings, for all societies of artists and interpreters, leaving all collective agreements without effect.

On the side of the Federative Republic of Brazil, on November 26th. 2019, was signed a Provisional Measure, MP – Medida Provisoria – N° 907 which stops the collection of authors ‘rights in hotel rooms. Such measure will have 120 days to be validated by the National Congress of Brazil.

Cinematographic and audiovisual works have intellectual property rights and other patrimonial rights, which cannot be subject to any license or cession as they are non transferable, to ensure the artists with a remuneration for secondary exploitation, and for new modalities of exploitation of their works as well.

With the DNU in Argentina and the MP in Brazil, a collective agreement is destroyed, leaving without effect the fee accorded by the agreements signed in good faith between hotel entrepreneurs and collective management societies, putting an end to equity and justice in the recognition of authors ‘rights.

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