New Regulatory Framework Applicable to the Collective Management of Copyright and Related Rights

By Claudia Serritelli and Rita Colombo, Estudio Chaloupka

Recently, significant developments have occurred in the field of copyright and related rights in Argentina, specifically regarding the regime for Collective Management Organizations (CMOs). On February 27, 2025, Decree No. 138/2025 was published in our country, which deregulates the activities of the aforementioned CMOs, as this regulation gives copyright and related rights holders the option to join one or more CMOs or exercise their rights individually.

Furthermore, it specifies that societies wishing to manage the rights established by law must prove to the Registry that they are authorized by their statutes to represent or manage third-party rights protected by Law No. 11,723. It also allows for the simultaneous representation of a specific copyright or related right by more than one CMO.

To this end, Article 32 of Decree No. 41.223 of May 3, 1934 is replaced.

In addition to the deregulation mentioned above, the issuance of this decree aims to promote a more competitive and transparent environment for rights management.

It is important to clarify, for context, that CMOs are entities traditionally responsible for managing the copyright of a group of rights holders, usually from a specific industry such as the music or film industries, with the objective of representing their interests and managing their rights. Their activities mainly include collecting royalties from the use of the works of the rights holders, distributing the income received among their members, granting licenses, and monitoring compliance with the contracts they manage, among others. Consequently, CMOs have acted as intermediaries between the creators of intellectual works and their users.

In Argentina, some of the most well-known CMOs include the General Society of Authors of Argentina (ARGENTORES), the Argentine Society of Authors and Composers of Music (SADAIC), and the Society of Performers and Phonographic Producers (AADI CAPIF).

Additionally, CMOs will be required to be established as civil associations and obtain authorization from the National Copyright Office, which is part of the Ministry of Justice, in order to operate legally. They will also be subject to oversight, inspection, and supervision by the aforementioned National Directorate, and must focus strictly on their activities. They will not be permitted to engage in any political and/or religious activities.

It is argued that the recent changes aim to overcome the limitations of the previous regulatory framework, which resulted in restricted competition and limited freedom of choice for rights holders. While the goal in this new context is to achieve greater efficiency and transparency in the sector, implementing these changes remains a challenge for all involved parties, particularly for the traditional CMOs, which have expressed their concerns regarding these reforms.

It is worth noting that this regulation is not isolated, but rather, the deregulation of CMOs is complemented by another set of recently issued related regulations. In fact, following the decree under review, Decrees 143/25 (which establishes new provisions for Argentine and foreign performers, along with their heirs, to receive and manage the payments provided under Law 11,723), 150/25 (which adapts the representation regime of SADAIC to the new regulatory framework), 207/2025, and 208/2025 (which set the parameters applicable to the management of ARGENTORES) were enacted.