Registry of Collective Management Organizations for Copyright and Neighbouring Rights
Intellectual Property Report | Registry of Collective Management Organizations for Copyright and Neighbouring Rights
On August 18, 2025, Resolution No. 536/2025 of the Ministry of Justice (the “Resolution”, available only in Spanish here) was published in the Official Gazette. Through this Resolution, the Registry of Collective Management Organizations for Copyright and Neighbouring Rights (the “Registry”) is established, with the purpose of defining the requirements that collective management organizations for copyright and neighbouring rights (the “CMOs”) must meet in order to obtain authorization from the National Copyright Office (the “DNDA”, as per its Spanish acronym), in accordance with Section 2 of Decree No. 138/2025.
According to the Resolution, all entities seeking to collectively manage copyright and neighbouring rights in Argentina must apply for registration in the Registry before the DNDA. Notwithstanding the foregoing, CMOs already recognized and authorized as of the effective date of the Resolution —such as Argentores (which represents the authors of dramatic and literary works, among others) and SADAIC (which represents musical authors and composers)—will be automatically registered by the DNDA. Accordingly, these entities will not have to carry out an initial registration procedure, although they will be subject to the new obligations of transparency, oversight and accountability established by Decree No. 138/2025 and the Resolution.
Registration process
The application for registration must be submitted through the Remote Procedures System, accompanied by the documentation listed in Annex I to the Resolution. Among these documents, the following can be highlighted: registered bylaws, internal regulations, minutes evidencing the intent to associate, list of officers, catalogue of works to be managed, projected tariffs, and distribution rules.
The DNDA has 60 (sixty) business days to issue a decision on the application. The Resolution clarifies that the principle of positive administrative silence does not apply to registration requests. Nevertheless, any corrections for inconsistencies, missing documentation, or failure to meet requirements must be addressed within 10 (ten) business days.
Once granted, the authorization is published in the Official Gazette and enables the formal exercise of collective management.
Obligations for CMOs
Registered CMOs must notify the DNDA of any amendments to their bylaws or regulations at least 20 (twenty) business days prior to their approval and must submit the final amendments within 30 (thirty) business days of their registration. These submissions must comply with the procedures and documentation described in Annex II of the Resolution.
Additionally, the publication of the information required by Section 11 of Decree No. 138/2025 must be made within 30 (thirty) calendar days from the approval of the relevant financial statements, within which period the sworn statement contained in Annex III to the Resolution must also be submitted.
DNDA powers
The Resolution grants the DNDA powers of supervision, inspection, and oversight over registered CMOs. To this end, Annex IV includes a list of actions the DNDA may undertake. Notably, these include auditing the collection of fees and distribution regulations, and verifying the validity of reciprocal representation agreements with foreign entities.
Furthermore, the DNDA is empowered to initiate the suspension or revocation of the authorization granted to a CMO in the event of any breach. In such cases, the DNDA must first give the CMO a period of 90 (ninety) calendar days to remedy or regularize the observed situation.
In addition, the DNDA may issue supplementary technical and registration provisions and any other regulations necessary for the implementation of the Resolution.
Mediation Procedure
Finally, the Resolution instructs the DNDA to establish a mediation procedure to serve as an amicable mechanism for resolving disputes arising between users or sectoral chambers and CMOs, in accordance with Section 10 of Decree No. 138/2025.
Conclusion
The creation of the Registry forms part of the broader reform process initiated by the Executive Branch through Decree 138/2025 and related regulations, continuing the restructuring of collective management of copyright and neighbouring rights.
Yours sincerely,