Through Provision No. 2/2026 (hereinafter, the “Provision”), published in the Official Gazette on February 23, 2026, the Copyright Office (“DNDA”) approved a new Voluntary Administrative Mediation Procedure, conceived as an alternative, voluntary, and non‑jurisdictional mechanism aimed at facilitating the amicable resolution of disputes between users or industry chambers and collective management organizations for copyright and related rights.
The purpose of this procedure is to establish an institutional framework for the resolution of disputes in this area, while safeguarding the principles of voluntariness, free access, impartiality, confidentiality, and efficiency. In this regard, the regulation expressly provides that mediation: (i) is strictly voluntary and free of charge for all parties; (ii) does not constitute a mandatory instance nor a condition for admissibility to initiate a court action; (iii) does not replace or substitute the mandatory pre‑trial mediation mechanisms provided for under applicable regulations; and (iv) does not suspends nor interrupts applicable statutory or contractual deadlines.
The approval of this procedure is framed within the new regime introduced by Decree No. 138/2025, which established a regulatory framework for the collective management of copyright and related rights, and empowered the Ministry of Justice to implement mechanisms for mediation, fees determination, and the resolution of disputes arising between users or industry chambers and collective management organizations.
If the mediation is formally admitted, the DNDA will request the participation of a mediator included in the list of the the National Directorate of Mediation and Alternative Dispute Resolution Methods of the Ministry of Justice, who will act as an impartial third party, without binding decision‑making or advisory powers.
Finally, the Provision establishes that the DNDA will maintain an internal record of mediations initiated and concluded, safeguarding the confidentiality of the proceedings in all cases.
Link to Provision.
