ARGENTINA Law and Practice Contributed by: Santiago R O’Conor, Gisela M Russo, Gisela M Manrique and Ayelen Rocio Velaz, O’Conor & Power
ever, if they were only hired to do a specific task but were not provided with the tools for that purpose, the authorship will be attributed to the actual creator of the work. Specific prior agreements may also be made to clarify these issues before the registration process. On the other hand, the Argentine Copyright Law does not recognise creations made by non-human entities, including those made by artificial intelligence. There is no jurisprudence on this matter in the country. In cases of co-authorship, those who have partici - pated in the creation of the work to be registered must be taken into account. The main author is defined as the person who carries out the research and writes and edits the manuscript and the co-author is the one who collaborates with the main author and contributes to the manuscript. The percentages of ownership shall be agreed by the parties. 3.4 Copyright Rights According to Copyright Law No 11.723, the right of ownership of a scientific, literary or artistic work grants the author the right to dispose of it, publish it, execute it, represent it, exhibit it in public, alienate it, translate it, adapt it, authorise its translation and reproduce it in any form. Moral rights in the field of copyright include two spe - cific aspects: • the right of recognition of the authorship of the services of the work; and • the right of an author to preserve the integrity of the work, that is, to refuse any possible amend - ments or derivative works of the same. 3.5 Term of Protection and Termination The term of protection of a copyrighted work corre - sponds to the lifetime of the author and extends to their heirs or successors for up to 70 years from 1 January of the year following the death of the author. In the case of collaborative works, this term begins on 1 January of the year following the death of the last collaborator. For posthumous works, the term of
70 years shall begin to run from 1 January of the year following the death of the author. All copyrights expire at the end of the term stipulated by law. 3.6 Collective Rights Management Systems In Argentina, collective management societies admin - ister the rights of the owners and collect royalties for the public performances of the works that are in their repertoire, distributing the income received among their members. These companies can also grant licences and monitor compliance with the agreements they manage. In Argentina, some of the best-known collective man - agement societies are: ARGENTORES (General Socie - ty of Authors of Argentina), SADAIC (Argentine Society of Authors and Composers of Music), and AADI CAPIF (Society of Phonographic Performers and Producers). 3.7 Copyright Registration The work must be registered before the National Directorate of Copyright in order to qualify for copy - right protection. The Directorate will provide the pre - sumption of validity and the possibility of initiating legal action. The Argentine Copyright Office (DNDA) holds the pub - licly available register. Any natural or legal person may be the owner of a copyright. Foreign applicants must have a legal repre - sentative in the country. The use of notices and sym - bols is not mandatory. 3.8 Copyright Application Requirements The requirements to apply for registration of a copy - right application include paying the official fee, fill - ing out a form with all the owners’ information and submitting the work to the DNDA. In the event the applicant wants to deposit an unpublished work for safekeeping, it must be sent by mail or taken to the DNDA in person in a sealed, signed envelope. The government fees range from ARS600 for unpub - lished works and from ARS1,100 for works that are already published.
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