Normative alert: The Argentine Supreme Court declares unconstitutional the provincial suspension of a lawsuit brought by the Argentine Society of Authors and Composers of Music (SADAIC)
Intellectual Property – Patents & Trademarks | Normative alert: The Argentine Supreme Court declares unconstitutional the provincial suspension of a lawsuit brought by the Argentine Society of Authors and Composers of Music (SADAIC).
Dear All,
On September 30, 2025, in the case “Recurso de hecho deducido por el actor en la causa Sociedad Argentina de Autores y Compositores de Música (SADAIC) c/ Club Floresta y otros s/ cobro”, the Supreme Court of Justice of the Nation (CSJN) resolved a complaint filed by SADAIC, an organization for the collective management of copyrights on musical works, against the suspension of judicial proceedings ordered by the province of Tucumán (Fallos: 348:1192).
The case originated as a result of SADAIC’s claim for the collection of fees derived from the public use of musical works in establishments open to the public. Within the framework of this process, SADAIC requested precautionary measures and questioned the constitutionality of provincial Law 8847 and its successive extensions, which suspended for prolonged periods the processing of lawsuits and precautionary measures linked to Intellectual Property Law 11,723, when they were initiated by collecting societies such as SADAIC against hotel, gastronomic and related establishments.
The provincial courts, including the Supreme Court of Justice of Tucumán, held that the suspension was justified as a reasonable regulation inherent in the local police power.
Given the refusal in all provincial instances, SADAIC filed an appeal with the CSJN. The highest national court granted the appeal, considering that the suspension of the process since October 2018, due to the effect of local Law 8847 and its extensions, generated a burden comparable to a final judgment, affecting the defense in trial and the effective judicial protection of SADAIC.
The CSJN understood that the local denial incurred in formal ritual excess. Consequently, the CSJN declared the extraordinary appeal admissible, annulled the provincial judgment and ordered to render a new decision.
This decision confirms the supremacy of national copyright legislation and safeguards the rights of authors and their collecting societies against provincial regulations that could hinder access to justice and effective judicial protection.
We remain at your disposal for any additional information you may need.
Sincerely,