Repeal of Joint Resolution 2/2019
Intellectual Property – Patents & Trademarks Department Report | Repeal of Joint Resolution 2/2019
Dear All,
On November 4, 2024, Joint Resolution 2/2024 (the “Resolution”) issued by the Cabinet Chief’s Office and the Ministry of Justice (available only in Spanish here) was published in the Official Gazette. The Resolution expressly and retroactively repeals Joint Resolution 2/2019 from the former Ministry of Justice and Human Rights and the former Government Secretariat of Tourism (available only in Spanish here), effective as of August 29, 2024.
Joint Resolution 2/2019 mentioned the right of authors, performers, and phonogram producers to prohibit and/or receive compensation for the public communication of their works and performances. It also established that lodging service establishments provided guests with content through the installation of televisions in rooms and connection to broadcasting services, for which fees were set for these contents -on the basis that this provision was considered a public performance of the works-.
In September 2024, Regulatory Decree 765/2024 (the “Decree”, available only in Spanish here) was published, modifying Articles 33 and 35 of Decree 41.223/34, which, in turn, regulated Intellectual Property Law No. 11.723. The Decree redefined the concept of public representation or performance, defining it as “one that is carried out -regardless of its purpose- in a publicly accessible space, free and directed to a plurality of people. There is no public representation or performance when it takes place in a private setting, whether of permanent or temporary occupancy”.
One of the recitals of the current Resolution states that “the rooms of establishments providing lodging services are intended for private use by guests, and therefore, the contents provided by televisions or broadcasting services (…) are not considered a public representation or performance in accordance with the provisions of Decree No. 765/24”.
For this reason, “in order to provide certainty and safeguard legal security (…) it is necessary to expressly and retroactively repeal Joint Resolution 2/2019 (…) as of August 29, 2024, the effective date of Decree No. 765/24”.
We remain at your disposal for any additional information you may consider necessary.
Yours sincerely,