According to the Lower House, the designers allege that there is a flaw in the current legislation that prevents national artists and performers from receiving fair remuneration or financial compensation for the use of their musical performances and/or performances through digital platforms. .
He adds that digital platforms, not long ago, have become the main music distribution channel around the world, given that other traditional media such as vinyl records, CDs and other physical media have fallen into disuse. fixation of music and other artistic expressions.
In essence, the bill intends that artists, interpreters or performers enjoy the exclusive right to authorize the making available to the public of their interpretations or executions fixed in phonograms and that they receive, for this, a remuneration.
The explanatory statement explains that, currently, consumers pay a fee for the use of digital platforms, such as Spotify, Apple Music, Deezer, Amazon Music, and others, which provide services for the reproduction of extensive musical repertoires, the which are generally located outside Paraguayan territory and do not have a local permanent headquarters or establishment.
“This motivates that, generally, our musicians do not receive remuneration for the use of their musical catalogs or, in the best of cases, the economic perception is negligible due to the inability that they have to access direct conditions of negotiation or fixing of their rate, because said platforms have a dominant position in said relevant market”, says part of the document.
The project adds subparagraphs a, b, and c, to point 3 of the aforementioned article 123, where it is established, among other details, that the artist who has not set, contractually, his remuneration, this will be 10% of the total amount that customers subscribe to internet content providers; collection will be mandatory collective management and the established percentage must be withheld by banks, telephone companies and others that will act as collection agents; the withholding made must be settled and transferred by the withholding agent entities to the collective management society that brings together said artists or to the legal entity that delegates its collection.
The project will be analyzed, for its corresponding opinion, in the Economic and Financial Affairs commissions; Legislation and Codification; Justice, Labor and Social Welfare; Press, Social Communication, Arts and Shows; in Industry, Commerce, Tourism and Cooperativism.
The entrance They propose that digital platforms compensate national artists was first published in diary TODAY.
