Through Executive Order No. 546/2025 (hereinafter, the “Executive Order”), published in the Official Gazette on August 6, 2025, the National Executive Branch reaffirmed the validity of Executive Order No. 765/2024, which redefined the scope of the concept of “public performance” set forth in Law 11,723.
In its provisions, the Executive Order dismissed the claim filed by the Argentinian Society of Music Authors and Composers (hereinafter, “SADAIC”), upholding the exclusion of certain performances or renderings carried out in private settings.
In this context, the amendment introduced by Executive Order No. 765/2024 aimed to more precisely delineate the concept of “public performance,” excluding from its scope performances or renderings taking place in spaces to which access is restricted to the general public, whether such occupation is permanent or temporary.
Consequently, the National Copyright Office rejected the alleged violation of constitutional provisions claimed by SADAIC and endorsed the legitimacy of Executive Order No. 765/2024. The agency concluded that the regulation does not infringe the National Constitution or any international treaties or covenants, as the exclusive right of the author to authorize the recitation, performance, and public rendering of their works remains safeguarded, as well as the right to receive equitable remuneration where there is a direct or indirect economic benefit derived from its public use.
Finally, the Executive Order concludes the administrative stage and enables SADAIC to seek judicial remedies if it so chooses.
Link to the Executive Order
