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/ Congress discusses Balmes Bill that strengthens guarantees for visual artists

24 April, 2020

In November 2019, the bill on the intellectual property rights of artists, authors and performers of fixed-image visual works, known as the “Balmes law” entered Congress in honor of the Chilean painter José Balmes, National Visual Arts Award of 1999.

Jaime Urzúa

Associate Alessandri

 

In conjunction with the so-called “Visual Arts Platform”, the National Union of Artists (a group that includes collective management entities and unions such as Creaimagen, ADG and Chile’s Association of Painters and Sculptors, among others) made a call to strengthen the creation of a legal framework that guarantees certain rights and adequate protection to visual artists.

This project is in the Chamber of Deputies under bulletin N° 13098-24 and is intended to establish a special statute of protection for artists, creators or authors of still image works, whether graphic or plastic. Specifically, addressing the right to remuneration that corresponds to them as creators of their works, as was done a few years ago with the “Ricardo Larraín Law” (Law 20,959), which established the inalienable and non-transferable right of directors and scriptwriters of audiovisual works to receive remuneration for acts carried out on said works, such as through public communication, availability by interactive digital means, leasing to the public and the use of a videogram for trasmission in a public venue.

Among the notable provisions of this project is the clarification regarding the calculation of the resale right, which will be 5% of the price of any resale of a work, after tax, carried out after the first transfer made by the author. Also, the application of the term of protection granted by law 17.336 to authors and their heirs, and the application of these rights to foreign authors according to the principle of reciprocity.

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