Argentina Extends Music Copyright Term; Opposition Mounts

The term of protection on sound recording for performers and producers has been extended in Argentina from 50 to 70 years, according to the International Federation of the Phonographic Industry (IFPI).

The extension of the protection was supported by the Argentine Performers Association and the Argentine Music Industry Chamber (CAPIF). Javier Delupí, director of CAPIF, said that the law was “a significant advance of the protection of our musical heritage,” according to the CAPIF website.

An Article 5bis was added to the current intellectual property law, numbered 11.723 and was promulgated on 11 December, according to CAPIF. This is the country’s National Tango Day, which celebrates the birthday of tango singer Carlos Gardel, who was killed in a airplane crash in 1935.

“Many countries outside Europe grant performers and producers terms of copyright protection between 50 and 95 years,” according to IFPI, adding that this allowed performers to benefit from royalties when their age did not permit them to perform in live venues.

According to Vía Libre, an Argentinean non-governmental organisation focussed on civil rights in the digital area, a collective legal action against this law is being prepared because they consider that “it is against our constitutional principles.”

The main problem is the culture that was already in the public domain and has to be returned to private owners, they said. A letter [pdf] (in Spanish) has been sent to legislators by “free culture organisations” such as Wikimedia Argentina, La Tribu Community Radio, and RedPanal, a free music project.