3T3. CAPIF. Clase Teórica

Digital Distribution and Phonographic Rights in Argentina

Understanding Public Communication Rights

• The lecture introduces the concept of public communication rights concerning phonograms, emphasizing that producers and performers have the right to allow their recordings to be consumed by the public without individual copies.

• This public communication occurs through various media, including radio, television, and increasingly on the internet. However, current revenue collection focuses primarily on terrestrial radio and television.

Revenue Collection Mechanisms

• In Argentina, revenue collection for phonogram usage involves licensing agreements with venues like shopping malls and theaters where music is played publicly.

• Two main entities collaborate for efficient revenue collection: CAPIF (Cámara Argentina de Productores de Fonogramas y Videogramas) representing producers, and AADI (Asociación Argentina de Intérpretes), which represents performers.

• Collected funds are divided into three parts: 66% goes to AADI, 33% to CAPIF, and 1% to the National Arts Fund. CAPIF deducts administrative costs before distribution.

Distribution Systems Explained

• CAPIF employs two systems for distributing collected funds:

• Market Share: Based on physical sales of records produced by associated producers.

• Airplay: Relates to how often tracks are played on monitored radio stations using advanced technology from a Spanish company called Vehemente.

• The airplay system utilizes AI-driven sound fingerprinting technology to track which phonograms are played across approximately 80 monitored media outlets in Argentina.

Engaging with CAPIF as an Independent Artist

• Artists can act as their own phonographic producers without needing to cede rights to a record label. They can engage with CAPIF if they produce physical records or wish to participate in revenue distribution.

• For digital-only releases, artists must register with CAPIF's HIT system for airplay participation. This requires creating a user account through their website.

Steps for Registration and Participation

• To register with CAPIF:

• Create an account on the HIT portal by providing personal information.

• Include banking details for payment via bank transfer.

• Upon registration completion within 48 hours, artists receive a unique producer code essential for identifying their works globally (IES RCD codes).

Managing Physical vs Digital Releases

• Artists producing physical discs should manage claims through market share while also declaring any existing works in both physical and digital formats under airplay regulations.

Understanding Fonogram Ownership and Monitoring

The Importance of Metadata in Music Distribution

• The speaker discusses the significance of declaring ownership of a fonogram, emphasizing the need for proper metadata including the year of release, song title, and album name.

Monitoring and Reporting Fonograms

• It is highlighted that once a fonogram is declared and sent for monitoring, it does not need to be submitted multiple times; one submission suffices for tracking airplay.

Shared Ownership Among Band Members

• In cases where multiple band members own a fonogram, each member must create an account with CAPIF (the Argentine Association of Phonographic Producers), allowing them to manage their producer codes individually.

Understanding International Recording Codes

• The speaker explains the structure of the ISRC (International Standard Recording Code), which includes country codes, producer codes from CAPIF, release year digits, and unique identifiers for tracking fonograms.

Legal Aspects of Fonogram Ownership

• A critical point made is that having a producer code does not inherently indicate ownership; legal disputes over ownership are resolved through judicial processes. If no contract exists stating otherwise, the artist retains rights to their fonogram.

CAPIF's Role in Conflict Resolution