Article 1. To the effects of the hereby Act, scientific, literary and artistic works comprises writings of any kind and length, dramatic, musical composition, dramatico-musical; cinematographic and pantomimic works; drawings, paintings, sculpture works, architecture works; models and art works or science applied to commerce or industry; printings, charts and maps; plastics, photographs, engravings and phonograms; so, all scientific, literary artistic or didactic production, whatever the reproduction process was
Article 2. Intellectual property right on a scientific, literary or artistic work, gives the faculty to the rightholder the exclusive right to exploit it, to publiblish, perform, present it to the public, to sale, translate, adapt or authorize its translation, to adapt it or authorize its adaption and to reproduce it in any way.
Article 3. In relation to any anonymous or pseudonymous work , the will correspond to the editor, the rights and obligations of the author, who could claim them for himself justifying his personality. Authors who use pseudonyms could registrate them acquiring their ownership.
Article 4. Are rightholders of intellectual property rights:
a) the author of the work;
b) the heirs or rightholders;
c) those who, with the authorization of the author, translate, recast, adapt, modify or transport over the new intellectual work.
Article 5. Copyright belongs to the authors during their lives and to the heirs or rightholders for seventy (70) years counting from January the 1st. of the year following the author’s death.
In the case of joint works, this term will begin to be counted on January the 1st. of the year following the death of the last collaborator. For posthumous works, the tern of seventy years will begin on January the 1st. of the year following the author’s death.
In the case of the death of the author without leaving heirs, and its inheritance is declared vacant, the rights corresponding to the author over the works will pass to the State, for the whole term of this act without prejudice of third party rights.
Article 6. The heirs and rightholders could not oppose to third parties who reedit the dead author works when they let transcur more than ten years without deciding its publication.
Neither could the heirs and rightholders to third parties who translate the author’s works after ten years counted from the author’s death.
In those cases if the editor and the heirs or rightholders have not arrived to an arrangement over edition and distribution pecuniary conditions, both conditions will be fixed by arbiters.
Article 7. It is considered as posthumous works: not only the ones not published during the author’s life but, the ones that were published, if the author at his/her death leaves them rearranged, corrected or noted in such a way that they could be considered as new works.
Article 8. Intellectual property over anonymous works belonging to institutions, corporations, or juridical persons, will last fifety years counting from its publication.
Article 9. No person has the right to publish without authorization of the author or rightholders a scientific, literary, artistic or musical production that has been transcript or copied during its reading, performance or exhibition in a private or public way.
Article 10. Anyone could publish with didactic or scientific purposes comments critics or notes of intellectual works that belong to others, up to 1000 words in case of literary or scientific works and eight compases in case of musical works, and always only the parts of the texts which are indispensables to said purposes.
They are comprised in this provision the academic, for teaching purposes, collections, anthologies, works and other works similar to those.
When the inclusion of others works turns to be the mayor part of the new work, the courts could fix equitatively by means of juicio sumario the proportional quantity that may correspond to the rightholders of the works that have been included.
Article 11. When the parts or volumes of one same work have been published separately in different years, the established terms by the hereby act will be valid for each volume or part, since the year of their publication. In the case of periodical or partial published works by deliveries or brochures, the terms established by the present Act will be valid from the date of the last delivery of the work.
Article 12. Intellectual property will be ruled by the provisions of civil law, under the conditions and restrictions established in the hereby Act.
FOREIGN WORKS
Article 13. All the provisions of this Act except for the provisions of article 57, are equally applied to scientific, artistic, and literary works, published in foreign countries, whatever the nationality of the authors are, as long as they are part of nations that recognize the intellectual property right.
Article 14: In order to assure the protection of the Argentine law, the author of a foreign work only needs to justify the fulfillment of the formalities established for its protection by the laws of the country were the first publication was done, except for what is foreseen in article 23 about translation agreements.
Article 15. The protection that the Argentine law grants to foreign authors will not be extended further than the term recognized by the laws of the country were the work was published. If such law grants a larger protection period, the term of this Act will prevail.
ABOUT COLLABORATION
Article 16. Except for special agreements, the collaborators of a work have equal rights; the anonymous collaborators of a collective compilation do not maintain their property right over their ordered contribution, and will have as representative their editor.
Article 17. It will not be considered collaboration the mere plurality of authors, except in the case in which the property could not be divided without altering the nature of the work. In musical compositions with words, the music and the words will be considered as two different works.
Article 18. The author of a libretto or of any composition that has been put into music, will have the exclusive right to sell or print his literary work separately from the music, authorizing or prohibiting the public execution or performance of his work, and the composer can do the same with his musical work, independently of the author of the libretto.
Article 19. In the case that two or more authors have collaborated in a dramatic or lyric work, the authorization granted by one of them will be sufficient for its public representation, without prejudice of the personal actions which may be taken.
Article 20. Except for special agreements, the collaborators of a cinematographic work have the same rights, considering as such, the author of the plot, the producer and the producer of the film. In case of a cinematographic musical work in which a composer has collaborated, the latter has equals rights than the author of the plot, and the producer of the film.
Article 21. Except for special agreements: The producer of a cinematographic film has the faculty to communicate it to project it, even without the consent of the author of the plot, and of the composer, without prejudice of the rights that derive from the collaboration.
The author of the plot has the exclusive faculty to publish it separately and to turn it into a literary or artistic work of another kind.
The composer has the exclusive faculty to publish and play the music separately.
Article 22. The producer of the cinematrographic work, When he communicate it to the public, has to mention his own name, the one of the author of the action or plot or the one of the original works authors from which he has taken the plot of the cinematographic work , the one of the composer, the director and the names of the main performers.
Article 23. The holder of a translating right has the intellectual property right over his translation under the conditions agreed with the author, as long as the translation agreements be registered before the Copyright Office within the year of the publication of the translated work.
The lack of register of the agreement will have as consequence the suspension of the author’s right, or his rightholders up to the moment in which the registered is made, recovering said rights in that moment, by the term and conditions that might correspond, without prejudice of the validity of the translations made during the time in which the contract was not registered.
Article 24. The translator of a work that does not belong to private domain, only has the ownership over his version, and he could not oppose to others that translate it again
Article 25. Whoever adapts, transports, modifies, or parodies a work with the author’s authorization, has over his adaption, transport, modification or parody, the right of a co-author, unless otherwise specified.
Article 26. Whoever adapts, transports, modifies, or parodies a work that does not belong to private domain, will be the exclusive owner of his adaption, transport, modification, or parody, and can not oppose to others that adapt, transport, modify, or parody the same work.
SPECIAL DISPOSITIONS
Article 27. Political or literary speeches and in general, conferences on intellectual subjects, can not be published unless the author has specifically authorized it. Parliamentary speeches may not be published with profitable purposes, without the author’s authorization. Journalistic information is an exception.
Article 28. Unsigned articles, anonymous collaborations, interviews, drawings, engravings, or information in general, that have original and genuine features, published by a newspaper, magazine or other periodic publications, because of being bought or obtained by them, or by an information agency with exclusive rights, will be considered as property of the paper, magazine, or other periodic publications, or of the agency. General interest news may be used, transmitted or retransmitted; but when they are published in their original version it will be necessary to express their source.
Article 29. The authors of signed collaborations in newspapers, magazines and other periodic publications are the owners of their collaboration. If the collaborations were not signed, their authors only have the right to publish them in collection, unless that otherwise were agreed with the owner of the paper, magazine or journal.
Article 30. The owners of periodic publications should register them in the National Copyright Office.
The register of the journal protects the intellectual works published in it, and their authors can request the Copyright Office a certificate that shows such circumstance.
In order to register a periodic publication, it will be necessary to present before the Copyright Office one copy of the last edition, together with the corresponding form.
The registration should be renewed annually and in order to keep it in force, a statement of the numbering and date of the published samples should be made every month before the Copyright Office, in the corresponding forms.
The unfulfillment of such obligation, without prejudice of the responsibilities that might exist before third parties, will be punished with fine of 5000 which will be applied by the Copyright Office. The amount of the fine could be appealed before the Ministry of Justice .
The Copyright Office could request at any time the presentation of the copies of this collection and inspect the editorial to verify the fulfillment of the obligation established in the preceding paragraph.
If the publication would be definitively discontinued it should be advised to the Copyright Office and dispatch the sealed collection to the National Library, within the six months subsequent to the expiration date of the last registration.
The unfulfillment of this last obligation will be penalized with a fine of 5000 pesos moneda nacional.(text of decree 12.063/57)
Article 31. The photographic picture of a person can not be placed in the market without the express consent of this person, and after his death, the consent of his/her spouse and sons or their direct descendants, or in their absence, of the father or mother. When lacking the spouse, sons, father or mother, or the direct descendants of the sons, the publication is free.
The person who gave his consent can revoke it, compensating for harms and damages. The publication of the picture is free when it is related to scientific, didactic, and, cultural purposes in general, or with facts or events of public interest or that have taken place in public.
Article 32. The right to publish letters belongs to the author. After the death of the author it is necessary to have the consent of the persons mentioned in the precedent article and in the order indicated therein.
Article 33. When the persons whose consent is necessary for the publication of the photographic picture or of letters, are various and there is a disagreement among them, the legally qualified authority will decide the matter.
Article 34: For the photographic works, the protection term is of 20 years since the first publication.
Without prejudice of the conditions and protection of the original works reproduced or adapted into movies, for the cinematographic works the protection term is of 30 yeard since the date of the first publication.
The date and place of the publication, and the author’s or editor name or trademark shall be written over the cinematographic work, or on the film, otherwise the reproduction of the photographic or audio-visual work could not be cause of the criminal action established in the present act.
Article 35. The consent to which article 31 refers for the publication of the picture is not necessary after 20 years since the death of the person who has been photographed.
For the publication of a letter, the consent is not necessary after 20 years passed since the death of the author of the letter. Even in the case when the letter is subject of protection as work, under the present Act.
Article 36. The authors of literary, dramatic, dramatico-musical and musicals works, have the exclusive right to authorize:
a)The recitation, performance and public execution of his works;
a. The public diffusion by means of recitation, performance and public execution of his works.
Despite that, it will be licit and be excempted of paying royalties and paying the performers as set for article 56, the representation, execution, and recitation of literary and artistic works already published, in public acts organized by educational establishments, in relation with the accomplishment of their educational ends, plans or study programs, as long as the spectacle wont be presented in a placer other than the one were it is performed and when the attendance and the performance of the interpreters be gratuitous.
The above referenced excemption will be extended also to the excecution or performance of musical pieces in concerts, auditions, and public performances in charge of orchestras, groups, fanfarrias, chorus and other musical entities belonging to the Estate, the provinces, or the municipalidades, as long as the public attendance be gratuitous
REMUNERATED PRIVATE COPY FOR PERSONAL USE EXEPTION
ABOUT EDITION
Article 37. There will be an editing contract when the holder of an intellectual property right over a work, obliges himself to hand it in to an editor, and the later to reproduce, publish, and sell it.
This contract is applicable whatever be the form or system of reproduction or publication.
Article 38. The holder maintains his intellectual property right, unless he resigns to it through the editing contract. He can translate, transform, adapt, etc, his work and protect it against defrauders of his property, even against the editor himself.
Article 39. The editor only has the rights related to the printing, publication and sell, not being allowed to alter the text and he can only make printing corrections if the author refuses or is not able to do this.
Article 40. In the contract shall exist mention of the number of editions and number of copies of each one of them, as well as the pecuniary payment of the author or his rightholders; being the contract always considered onerous, except otherwise proved. If the previous mentioned conditions are not established, the conditions will be the ones up the uses and customs of the place of the contract.
Article 41. If the work would perish while in hands of the editor before been edited, the editor would owe the author or his rightholders as indemnification the royalty or participation that would have corresponded to them in the case it had been edited.
If the work would perish while in hands of the author or his rightholders, these would owe the amount they would have perceived as advance for royalties and the indemnification for the harms and damages caused.
Article 42. When a date has not been fixed for the author or his rightholders to turn in the work, or for its publication by the editor, the court will equitably specify the date in a preliminary proceeding, and under warning of the corresponding indemnification.
Article 43. If the editing contract has a term, but once expired the editor still has copies of the work unsold, the copyright holder will be able to buy them at cost price plus a 10%. If the holder does not use this right, the editor will be able to continue selling such copies under the conditions of the expired contract.
Article 44. The contract will terminate, no matter the stipulate term if the agreed edited copies were exhausted.
ABOUT REPRESENTATION
Article 45. There is a contract of performance when the author or his rightholders give to a third party or contractor a theatrical work for public performance, and the latter accepts.
Article 46. In case of unpublished works that third parties or the contractor has to set the performance for the first time, he shall give a receipt to the author or his rightholders, and shall express to them within thirty (30) days of the presentation whether it will be accepted or not.
When a work is accepted it has to be performed within the year corresponding to its presentation. Otherwise, the author has the right to demand an indemnification of an amount equal to the author’s royalty, which is the correspondent to twenty performances of a similar work.
Article 47. The acceptance of a work does not give the accepter the right to reproduce or perform it by another firm, or in any other way than the one that was stipulate an the accepter may not make more copies than the essentials, nor sell, neither rent them without the author’s authorization.
Article 48. The contractor is responsible for the total or partial destruction of the unique original of the work and if a cause of his negligence this original get lost, the contractor shall indemnify for the harms and damages caused
Article 49. The author of an unpublished work that was accepted by a third party, can not, until the latter has not performed it, made it perform by another, unless otherwise agreed.
Article 50. To the effects of the hereby Act, it will be considered as public performance or execution: radiobroadcasting, audio-visual, television, or any other mean of mechanical reproduction of any and all literary or artistic work.
ABOUT THE SALE
Article 51. The author and his rightholders can sell or transfer total or partially, his work. This transfer is valid only during the term established by the law and confers to its acquirer the right for its economic utilization, not being allowed to alter its title, form and content.
Article 52. Even when the author could sell the property of its work, maintains the right to require the fidelity of its text in the impressions, cpies or reproductions as well as to require that his name or pseudonymous be mentioned as author.
Article 53. The total or partial sale or transfer of a literary, scientific, or musical work, shall be registered before the Copyright Office, without said requisite it wont be valid.
Article 54. The sale or transfer of a pictorial, sculptural, photographic, or of similar arts work, except otherwise agreed, does not include the reproduction right which is reserved for the author or his rightholders.
Article 55: The sale of blue prints, sketch and similar works grants no other rights to the purchaser than for the execution of the work involved, not been able to sell, reproduce or use them for other works. These rights are reserved to its author, unless otherwise agreed.
ABOUT THE PERFORMERS
Article 56: I - The performer of a literary or musical work, has the exclusive right to demand a retribution for his interpretation transmitted or retransmitted trough bradcasting, television or recordered or printed over film, tape, wire or any other substance or support apt to sound or visual reproduction:
When the parties do not arrive to an agreement, the amount of the will be established by the competent authority.
The interpreter of a literary or musical work is entitled to oppose himself to the divulgacion of its performance, when its reproduction were made in such a way that might cause grave and unfair prejudice to his artistic interests.
If the execution has been made by a chorus or orchestra, this opposition right correspond to the director of the chorus or orchestra. Without prejudice of the author’s property right, a work performed or executed in a theater or public place, could be transmitted by broadcasting or television, with the sole consent of its organizer entrepreneur.
ABOUT WORK’S REGISTRATION
Article 57: The editor of the works listed in Art, 1 shall submit before the Copyright Office three (3) complete copies of all edited work, within three (3) months following its publication. If the edition is a luxury one, or does not exceed a hundred (100) copies, to file only one copy is enough.
The same term and conditions will be applied to works published in a foreign country, that have editor in the Republic and the term will be counted from the date of the first sale in Argentine territory.
For paintings, sculptures, etc., the registration will consist in the deposit of a croquis or photograph of the original, with the supplementary indications that makes possible its individualization.
For the audio-visual works the filling will consist in a relation of the plot, dialogue, photographs, or descriptions of its principal scenes.
Article 58: Who present himself to register a work with the corespondent issues and copies, will receive a provisory receipt, with the data, dates and circumstances that serve to identify the work, as evidence of the registration.
Article 59: The Copyright Office will publish everyday in the Official Bulletin, the list of the works presented before it to its registration, with the comments that the Copyright Office could consider necessaries, with indication of the author, editor, class to which the work belongs, and any other data that could be useful to individualize the work. After a month counted since this publication, and if no oppositions have been presented, the Copyright Office will register the works and will their authors the definitive property certificate if they request it.
Article 60: If there could be any claim during the month term established above, an exposition act will be made, and communicated to the interested party for a five days term, having the Copyright Office to decide the case during the next ten following days.
The Copyright Office decision could be appealed before the correspondent Ministry, within a ten days term, and the order issued by the Ministry can not be subject to any other appealing stage, except for the one that believe its rights harmed to file a corresponding judicial case.
Article 61: The registration of all published work is mandatory for the editor. If the editor omits the registration he will be punished with fine equivalent to ten times the vanal value of the non registered work.
Article 62: The registration of the works made by the editor, fully guarantees, the intellectual property rights of the author and of the editor over the work.
In the cases of non published works, the author and his rightholders could deposit a copy of the manuscript with the signature of the person who perform the registration dully certified.
Article 63: The lack of registration has as consequence the suspension of the intellectual property rights up to the moment in which the work is registered, recovering at that moment said rights, for the terms and conditions that might correspond, without prejudice of the validity of the reproductions, editions, executions and any other publication made during the time in which the work was not registered.
It wont be allowed the inscription of a work without the mention of its "pie de imprenta". It is understood by "pie de imprenta" the date, place, edition, and the mention of the editor.
Article 64: All official agencies and related organizations or persons that for any reason receive subsides from the Treasury of the Nation are impelled to deliver to the National Congress Library one issue, without prejudice of the rulings of Article 57, the corresponding issue of the publications performed, in the way, and in the terms set forth in the mentioned article. The public organizations are authorized to reject any untrue work that is offer to be sold.
ABOUT THE COPYRIGHT OFFICE
Article 65: The Copyright Office will held the necessary books so all and every registered work has its correspondent folio, which will contain its description, title, author’s name, date of the registration, and any other circumstance related to the work, such as agreements related to the work, and court decisions that might affect it.
Article 66: The Copyright Office will register all and any edition, translation, purchase, cession, participation or any other agreement related to the intellectual property, only in the cases of published works and when this registration do not oppose to what it is established by the hereby Act.
Article 67: The Copyright Office will collect for the inscriptions of all and any work an amount to be fixed by the Executive Power, when those amounts were not established by the correspondent act.
Article 68: The Copyright Office will be in charge of a lawyer who must have the same conditions than the ones required by section 70 of the Court Organization Act, and who will be under supervision of the Justice, and Public Instruction Ministry.
Article 69: Derogated by decree 1224/58
Article 70: Derogated by decree 1224/58
ABOUT THE PENALTIES
Article71: Will be penalized as set forth on section 172 of the Penal Code, who, in any way, fraud intellectual property rights recognized by this Act.
Article72: Without prejudice of the general rule established in the precedent article, it will be consider as special fraud cases and will be subject to the penalty set forth in it, in addition to seizure of the illicit edition:
a) The one who by any means or instruments, edit, reproduce a non published or published work without authorization of its author or its rightholder;
b) The one who counterfeited intellectual works, understanding as such the edition of an edited work, showing falsely the name of the authorized editor;
c) The one who, edit, sell, or reproduce a work suppressing or changing the author’s name, the title of the work or altering with malice its text.;
d) The one who edit or reproduces a larger number of copies than the authorized;
Article72 bis: It will be penalized with prison for one month to six years:
a) The one who for profit purposes reproduce a phonogram without its producer or licensee written authorization.
a. The one who with the same purpose than the one mentioned in the above subsection facilitate the illegal reproduction by means of the phonographic discs u other material supports rental.
c) The one who reproduce the copies mentioned in subparagraph a) per a request of a third party for a prize;
d) The one who store or exhibit illegal copies and cannot evidence their origin by the corresponding invoice that shows his commercial relationship with a legitimate producer;
e) The one who import illegal copies aimed to its public distribution.
The damaged person will be able to request in a commercial or penal jurisdiction the seizure of the phonograms copies illegally reproduced and of the reproduction elements. The judge will be able to order by his own initiative this measure, and to request sufficient guarantee from the petitioner when he estimates that the petitioner has no patrimonial responsibility. When the precautionary measure is requested by a society for management of intellectual property rights, with a legally recognized representatively, the guarantee shall not be required.
If no action, arraignment or criminal charge follows within 15 days after the seizure, the measure may be left without effect by request of the owner of the copies seized, without prejudice of the responsibility of the petitioner. At request of the damaged party the judge will order the confiscation of the illegal copies, as well as of the reproduction elements. The illegal copies will be destroyed and reproduction equipment will be rematados.
The purchaser, with the purpose of assuring that he wont use the equipment for illegal purposes, must prove his character of phonographic producer or of authorized licensee of a producer.
The amount obtained from the public sale of the equipment will be destined to engross the "fondo de fomento" of the Fondo Nacional de Derechos de Autor to which alludes section 6 of the decree 1224/58
Article73: It will be punished with prison from one month to one year or with a fine of $100 to $1000 allotted to the Fondo de Fomento created by the hereby Act.
a) who publicly represent or make represent alive theatrical or literary works without the authorization of its authors or rightholders;
b) who execute or make execute publicly musical works without authorization of its authors or rightholders;
Article74: It will be punished with prison from one month to one year or with a fine of $1000 allotted to the Fondo de Fomento created by the hereby act, the person who, illegally conferring on himself the quality of author, rightholder or the representation of the person who has the rights, suspends a licit public representation or execution.
Article 75: In applying the penalties established by the hereby act, the judicial action will be initiated by de oficio, by denounce or querella
Article 76: The procedure and jurisdiction will be the one established by the correspondent Criminal Procedural Code in force in the place where the crime was committed .
Article77: The civil lawsuit as well as the criminal one are independent and its definitive resolutions shall not affect the one to the other. In defense of their rights, the parties will only be able to use the documentary proofs of other lawsuits, the confessions and expert’s appraisals, comprising the decision of the jury, but never the verdict of the respective judges.
Article78: The National Culture Commission represented by its president will be able to joint its action to the ones of the damaged parties in order to receive the amount of the fines established at its benefit and to exercise the actions corresponding to the powers and functions assigned by this Act.
ABOUT PREVENTIVE MEASURES
Article 79. The judges will be allowed to, prior fianza of the interested party, preventively decree the suspension of a theatrical, cinematographic, philharmonic, or any other similar show; the embargo the denounced works, as well as the attachment of any income derived of the activity object of the measure, and any other measure useful to hold harmless efficiently the rights protected by this Act. No formality is ordered to clarify the rights of the author or his rightholders. In the case of a dispute, the rights will be subject to the means of evidence established by the laws in force.
CIVIL PROCEDURE
Article 80. In all and any Judicial disputes related to this Act, either if it is motivated by its appliance or its dispositions, as well as coming from contracts or actos jurídicos related to intellectual property, it will be applicable the procedure determined in the following sections.
Article 81. The terms and procedure, except for the preventive measures, will be the one established for the excepciones dilatorias by the correspondent Civil and Commercial Procedural Codes, with the following modifications:
a. It will always be proof at request of the parties or by self decision of the court, being possible to extend its term to thirty days if the court consider it necessary, quedando firme esta resolución.
b. During the proof term and at request of the interested party it could be decree a public hearing, in the court, where the parties, their lawyers, and peritos could expose their allegations and opinions. This public hearing may continue for more than one day if one would not be sufficient;
c. In the same conditions of the precedent subsection and when the entity of the case and the technical nature of the matters required it, a jury of experts in the correspondent matter could be appointed, this jury must be presided by the Dean of the Facultad de Ciencias Exactas when the case is about scientific matters,; for or by the person that he designates, for literary matters the Dean of the Facultad de Filosofía y Letras; for artistic matters the Director of the Museo Nacional de Bellas Artes, and in case of musical matters, the Director of the Conservatorio Nacional de Música. The jury will be completed by two persons designated by the court. The jury will have meetings and discuss in the last position in the public hearing established in the precedent subsection.????
This solution will have the same effect than the reports of the peritos named by opposite parties, when the issue their reports jointly.
Article 82. The charge of jury will be gratuitous and it will be applicable to it the same procedural dispositions than for the witnesses.
Article 83: After the expiration of the terms established by section 5, it could be denounced before the Copyright Office the mutilation of a literary, scientific or artistic work or the additions, the transpositions, the unfaithfulness of a translation, the conceptual errors and the deficiencies in the knowledge of the original language or of the original issue. These arraignments could be presented by any inhabitant of the Nation, or be executed by the prosecutor, and in order to let it be known, the Copyright Office will constitute a jury including representatives as follows:
a) For the literally works, the Dean of de Philosophy and Literature Faculty, two representatives from the Argentine Writers Association, named by it, and the persons named by the denouncer and the publisher or translator, one for each one;
b) For Scientific works the Dean of the Faculty corresponding to the works specialty, two representatives from the scientific society of the corresponding specialty, named by it, and the persons named by the denouncer and the publisher or translator, one for each party.
In both cases, when the allegation is against a translation the jury will include two national public translators, named one by each party y another one named by the jury majority.
c) For artistic works, the Director for the Museo de Bellas Artes (National Art Museum), two people named by the Copyright Office and the persons named by the denouncer and the infringer, one by each party;
j. For musical works, the Director of the Conservatorio Nacional de Música, two representatives from the Argentine Author Society and Music Composers, named by it, and the persons named by the denouncer and the infringer, one by each party.
If within the terms set forth by the Copyright Office, the parties do not designate representatives, they will be named by the Copyright Office.
The jury will take a decision stating if it does exist or not the denounced infringement and in an affirmative case, it can order the correction of the work, or impede its exposition or circulation of the uncorrected editions, which will be unutilized or hinder the performance of it. Those who infringe this prohibition will pay a fine of one hundred thousand pesos, which will be set by the jury and will be paid following the same procedures of the corresponding Civil and Commercial Procedure Codes for the execution of sentencias. The amount of the fines will be assigned to the Fondo de Fomento created by this Act. The Copyright Office will be entitled to execute the fines.
PROVISORIES DISPOSITIONS
Article 84: The works considered of public dominion according to act 11.723 when the terms of fifty years stated by this act has not elapsed, will turn automatically back to the private dominion up to the completion of this term, without prejudice of the rights on the reproduction of those works and/or interpretations and executions acquired by third parties, executed during the term lapsed between the due date of previous terms and the extension implemented by this act.
Article 85: The works that at the promulgation date of the present Act were at the private dominion will continue until the terms set by article 5. elapsed.
Article 86: A National Copyright Office will be created from which will depend the current Office of legal Deposit. Meanwhile the Copyright Office is not included in the budget Act, its functions will be performed by the Biblioteca Nacional.
Article 87: The Executive Power will implement the proceedings for these regulations within sixty days of its enactment.
Article 88: It is derogated the Act. 9141 and all and any disposition that may be contrary to the hereby Act.
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