2.T1 - OBRAS | Fórmulas compositivas. PORCENTAJES | Derecho de Autor en Argentina (SADAIC)
Understanding Copyright in Argentina: Musical Works and SADAIC
Definition of a Musical Work
- A musical work, according to SADAIC, includes both music and lyrics; lyrics alone are considered poetry and fall under literary works.
- Instrumental music can be registered as a musical work, but lyrics without music do not qualify for registration with SADAIC.
Ownership Distribution in Musical Works
- In cases where both lyrics and music are present, ownership is split equally: 50% for the lyricist (author) and 50% for the composer.
- Example given: In the tango "A Cada Maravilloso," Troilo (composer) receives 50%, while Homero Manzi (lyricist) also receives 50%.
Collaborative Works and Percentage Allocation
- When multiple contributors create a song, percentages can vary; if Anna composes the music alone but collaborates with Pedro on lyrics, she retains 75% of the song's rights.
- If Anna wishes to assign more percentage to Pedro arbitrarily, this must be documented through a letter signed by all parties involved.
Complex Percentage Calculations
- An example illustrates how to calculate ownership when multiple people contribute. If four compose music and two write lyrics, each contributor’s share must be calculated based on their contributions.
- The total ownership distribution shows that Anna could end up with 37.5% if she contributed both to the music and part of the lyrics.
Understanding Compositional Formulas
- The concept of compositional formulas is crucial for grouping works into an "integral work," which consists of related pieces sharing similar compositional structures.
- An integral work can include between 2 to 15 pieces that share identical compositional formulas; understanding this helps in proper registration with SADAIC.
Types of Works Recognized by SADAIC
- SADAIC categorizes works as either unpublished or published; however, having an editorial contract is what defines whether a piece is considered unpublished.
- Unpublished works lack an editorial contract regardless of their availability on platforms like Spotify or physical media sales.
Recording Status of Works
- A distinction exists between recorded versus unrecorded works within both unpublished and published categories; being recorded does not change its status as unpublished if it lacks an editorial contract.
Understanding Mechanical Rights and Recording Conditions
The Importance of Demonstrating Recorded Works
- The payment of the mechanical rights declaration does not automatically imply that the works are considered recorded; evidence must be provided to support this claim.
- When producing physical discs, it is essential to demonstrate that they are available for sale, not just manufactured and stored away.
- To validate that a disc is recorded, one can submit proof of sale from a record store along with the manufacturing invoice for replicated discs.
Challenges in Digital Distribution
- In the digital realm, proving that works are recorded becomes more complex due to the lack of straightforward evidence compared to physical sales.