Gestión colectiva e individual de derechos patrimoniales de autor de obras musicales en espectáculos públicos.

Abstract

The management of the author’s patrimonial rights is that exclusive attribution that the holders of protected works enjoy, they can be authors, composers or musical publishers, consisting of authorizing or prohibiting the use of their works in any of the indicated modalities. in article 12 of Law 23 of 1982, for the present case, the right of public communication of musical works, which has a special chapter in this law, starting from article 158. From this exclusivity, the management of Copyright, which corresponds to the mechanisms by which the granted prerogatives are materialized, for this, it must be taken into account that they are divided into two: collective and individual management, different from each other , both in its form of incorporation, and in its rights and obligations that are subject to the light of the law. In this sense, it may be evidenced that in the case of the right of public communication in public shows contemplated in article 158 of Law 23 of 1982, each of the management modalities has particular and requirements regarding the way of licensing the works that are part of its catalog, which must be validated by the municipal or district officials to whom the obligation to authorize or not the performance of public shows in their jurisdictions has been delegated in accordance with the guidelines provided in articles 30 and 31 of Decree 1258 of 2012, thus guaranteeing effective protection for intellectual property.