A complex of tourist cabins in Bariloche was sentenced for refusing to pay the Argentine Society of Actors the fee established by law for offering television service in the rooms, lobby and restaurant.
The lawsuit filed by the Argentine Society for the management of actors and interpreters Civil Association -SAGAI- and was accepted by the civil justice of Bariloche, which convicted a company that owns a complex of cabins for tourism.
The sentence recalls that no one has the right to publicly disseminate an intellectual work without the permission of its owner, as provided by law 11,723. However, it mentions that it is interpreted that all users have the right to publicly disseminate with the obligation to pay for the dissemination, paying the legal fees provided within the framework of the aforementioned law.
The use in different areas of audiovisual interpretations is what originates the obligation of the user to pay the fee provided in the aforementioned resolution on his behalf.
There is in the regulations a tariff list specifically provided for accommodation establishments or tourist accommodation. Likewise, these rates are also applicable in hospitals, clinics, sanatoriums and residences for the elderly. The Actors Association made the claim, but the resort refused, so it started the lawsuit.
The ruling of the Civil Court No. 5 of Bariloche ratifies the right that actors and interpreters have to receive a remunerative amount from those who publicly disseminate their intellectual work.
How are the amounts set?
The current regulation establishes that an amount equal to the average price of three rooms plus 2% of the sum resulting from multiplying the number of rooms by the average room price will be paid monthly for public broadcasting within the rooms. As for the public broadcast made in the lobby, restaurant and / or bar, the value of thirty coffees per month must be paid for each television.
The judgment indicates that the legal framework is valid and in the face of the defendant’s silence – which was not presented in the file – “the existence of the claimed obligation and the authenticity of the accompanying documentation are inferred.”
To the established amount, 2% was added, which resulted from multiplying the number of cabins (9 televisions, one in each cabin) by the average value of the room.
In this way, the monthly amount to be paid by the defendant was obtained, which was multiplied by the number of months accrued in each year. To reach this conclusion, the opinion of the designated accountant expert was taken into account.
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