Milei's Government Eliminated a State Regulation by Onganía on Culture

The Government of Javier Milei approved modifications to the copyright regime, establishing that holders can register them through a collective management society or choose to do so individually.

These changes, which impact Article 32 of Decree No. 41,223, the regulation that governs Law No. 11,723 on Intellectual Property, were formalized through Decree 138/2025.

With the signature of President Javier Milei, the Chief of Cabinet, Guillermo Francos, and the Minister of Justice, Mariano Cúneo Libarona, the measure was published in the Official Gazette in the early hours of today.

"The objective is to eliminate monopolies and enable individual agreements, establishing transparency rules," expressed Federico Sturzenegger after the decision was announced. "From now on, whoever creates an artistic work will be the direct beneficiary of that work, without intermediaries," summarized the Minister of Deregulation and State Transformation.

From this moment, rights holders can affiliate with one or several collective management societies or manage their rights autonomously.

Before this modification, authors were exclusively represented by these entities, but the reform gives them the option to dispense with them as direct holders.

"The representation of a specific copyright or related right can be carried out simultaneously by more than ONE (1) collective management society," states Article 1 of the decree, adding that "in no case may the ability of rights holders to manage their works individually be limited."

The decree

According to the decree, collective management societies must reorganize as civil associations and will need authorization from the National Copyright Directorate (DNDA), an agency under the Ministry of Justice, to operate legally. Additionally, these entities will be subject to state control and can't participate in political or religious activities.

One of the most significant changes in the update of the copyright regime is the prohibition for these societies to manage works whose holders choose to register them individually.

"Represented parties can make individual agreements, and they must inform the collective management society to which they have given consent to manage their rights, without the latter being able to oppose such agreements," establishes Article 4 of the decree.

Regarding the distribution of income, a 30% limit was set on what is collected to cover administrative expenses. It was also determined that fees must be established under criteria of fairness and based on the actual use of the works, while payment to holders must be made within a maximum period of 60 days.

Furthermore, it was established that if the stipulated time passes and the holders do not receive their income, it must be redistributed among the other represented parties. In the case of foreign authors or entities, the distribution will be carried out according to the principles of reciprocity and national treatment.

To calculate the fees, the Government established that various factors must be considered, such as the duration, scope, and effective use of copyright within the economic activity, the type of activity and the category of the user, the income caused by the users, the fees agreed upon in similar sectors, and the impact of accumulated fees on the cost structure.

In this regard, the Ministry of Justice may intervene in disputes over fees and set maximum amounts to prevent distortions in user costs. If a society fails to meet its responsibilities, it will be given a 90-day period to regularize the situation, under the risk of suspension or revocation of its authorization.

To ensure adaptation to the new regulations, societies must publish their general balance, agreements with foreign entities, fees, and distribution mechanisms online annually. They are also prohibited from accumulating undistributed funds: if a beneficiary is not identified within four months, the funds must be redistributed among the represented holders.

"This way, Argentine culture is freed from the state control system established by the de facto regime of President Juan Carlos Onganía 50 years ago, which no one eliminated until President Javier Milei's arrival," stated Federico Sturzenegger on his X account.

Previously, Milei's Government had already ended the monopoly of the Reprographic Rights Administration Center (CADRA), which since the Kirchnerist administration of Alberto Fernández had exclusivity in the regulation of copyright.

This entity not only collected and negotiated the reproduction rights of national works but also allowed copy centers, universities, and companies to distribute the material among students.

From now on, the supervision of compliance with the regulations will fall on the National Copyright Directorate, which is part of the Undersecretariat of Registry Affairs of the Ministry of Justice. However, its role will be limited to authorizing or rejecting the applications submitted.

To ensure that the changes come into effect as soon as possible, the decree establishes that collective management societies have 180 days to adapt their statutes and a period of one year to obtain the explicit consent of rights holders to continue representing them.

However, the document excludes the General Society of Authors of Argentina (ARGENTORES) and the Argentine Society of Authors and Composers of Music (SADAIC) from complying with Articles 1, 2, 4, 5, 13, and 14.