On February 27, 2025, Executive Order No. 138/2025 (hereinafter “the Decree”) was published in the Official Gazette amending the Intellectual Property regime, authorizing the creation of new entities dedicated to the management of copyrights and granting artists the possibility of directly managing the collection of fees for the exploitation of their works.
Traditionally, collecting societies (SGCs) were the only entities that represented authors’ rights. These entities, such as SADAIC, AADI and CAPIF for composers, performers and music producers; ARGENTORES for authors; SAGAI for actors; and DAC for filmmakers, have been in charge of collecting and distributing the income derived from the exploitation of artistic and cultural creations.
This Executive Order allows the creation of new entities that comply with the established legal requirements, promoting competition in the sector, allowing right holders to freely choose the society that best suits their needs. This puts an end to the monopoly held by the current collecting societies, such as SADAIC, SAGAI, AADI-CAPIF, DAC.
Another key aspect is the possibility for authors to manage their rights individually. This implies that they can enter into private agreements directly with users, negotiating rates and conditions without the intervention of collecting societies. It is important to note that, to make this transition, authors must formally inform the society that previously managed their rights, ensuring transparency in this process.
As regards the transition period, the Executive Order establishes that, during the first year of effectiveness, collecting societies will continue to represent their members, unless the owners expressly waive such a representation or sign agreements with other entities. After that period, it will be mandatory to have the explicit consent of the rightsholders to continue managing their rights.
An important exception established by the Executive Order is that ARGENTORES, by virtue of the provisions of Law No. 20,115, is excluded from the new provisions. This allows it to maintain its regime without being subject to the regulations introduced by the new Executive Order.
Finally, these changes have a significant impact on industry, especially on copyright management. Users of intellectual works must carefully identify who represents the author, either through a collective management society or individually. This new regulatory landscape marks a before and after in the way copyrights are managed in Argentina, expanding options for creators and fostering a more transparent and competitive system.
