A Groundbreaking Shift in Collective Management of Intellectual Property Rights

By Estudio Chaloupka

In a significant move for the creative industries, Argentina's government has officially introduced Decree 138/25, which brings major changes to the collective management of intellectual property.

This decree, signed by President Javier Milei, will have far-reaching implications for authors, artists, and creators across the country. The new law aims to offer artists more autonomy over how their works are used and monetized.

Decree 138/25 deregulates the activities of collective management organizations—entities responsible for representing the interests of creators in matters related to copyrights and related rights. Collective management organizations (CMO) help multiple copyright holders like creators and users of creative works -such as broadcasters, streaming platforms, and other commercial users- by managing their rights. CMOs are often non-profit organizations that are owned and controlled by their members. 

The new law introduces several key changes that will alter how these organizations operate in Argentina:

The decree alters rights management by enabling creators to directly receive benefits from their works. It provides options for creators to manage their rights either through collective management organizations or independently, allowing direct control over the use of their works

The decree addresses concerns regarding market concentration within the collective management sector. It facilitates direct agreements between creators and users, with the stated aim of increasing market transparency and competition. The decree also intends to establish adaptable intellectual property management systems that can respond to technological advancements and digital-era challenges.

The decree acknowledges the impact of emerging technologies and distribution platforms on creative works. These developments necessitate adjustments to existing collective management systems, which the decree seeks to implement. The decree addresses the distribution and consumption of creative content, including online streaming, with the stated goal of providing copyright holders with mechanisms to manage their rights within the digital environment.

The decree establishes a regulatory framework for fees charged by collective management organizations. The Ministry of Justice will determine maximum fee limits, varying by industry, work type, and content usage. This aims to regulate fee structures. The decree also provides for mediation and arbitration to resolve disputes related to fees and usage among creators, users, and collective management organizations.

The decree establishes requirements for transparency in the operation of collective management organizations, particularly regarding royalty distribution. Regulations stipulate that administrative fees are capped at 30% of total revenue, with the remaining revenue allocated to creators.