Difusión de grabaciones fonográficas
Published date | 31 October 2005 |
Author | Miguel B. O'Farrell |
Date | 31 October 2005 |
Law Firm | Marval O'Farrell Mairal |
El 15 de septiembre de 2005 la Cámara Nacional de Apelaciones en lo Civil[1] estableció la siguiente doctrina plenaria:
“La comunicación al público de grabaciones fonográficas que difunde el hotelero dentro de las habitaciones del establecimiento no se considera comprendida en la excepción prevista en el artículo 33 del Decreto-Ley Nº 41.233/34 - domicilio exclusivamente familiar- a efectos de la exención del pago de los aranceles a los que se refieren los Decretos Nº 1.670/74 y Nº 1.671/74”.
El Decreto Nº 1.670/74 reformó el artículo 35 del Decreto-Ley Nº 41.233/34 y estableció en favor de intérpretes y productores de fonogramas el derecho a percibir una remuneración de cualquier persona que en forma ocasional o permanente obtenga un beneficio directo o indirecto con la utilización pública de una reproducción de un fonograma.
Por su parte, el Decreto Nº 1.671/74 otorgó a AADI CAPIF (asociación argentina que representa a los artistas intérpretes y a los productores de fonogramas) el derecho y monopolio exclusivo para percibir tales remuneraciones, las que no son debidas si la representación o ejecución pública de las obras musicales se efectúa...
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