The intention of the president of Argentina, Javier Milei, to shrink the State collided with the rejection of the artistic and cultural industry, to such an extent that the libertarian politician had to backtrack on one of his original plans to cut back on cinema. However, the dispute persists and the actors continue to mobilize to prevent the project from being approved in Congress.
The culture sector in Argentina breathes after the Government of President Javier Milei backtracked on Monday, January 22, on some of the most controversial points of its “Draft Law of Bases and Starting Points for the Freedom of Argentines”, known as the 'Omnibus Law' , which he sent to Congress on December 27.
After strong criticism from the artistic industry, the ruling party finally relented on the important modifications to autarchy and the financing it had proposed for the National Institute of Cinema and Audiovisual Arts (INCAA), the National Institute of Music (INAMU) and the Fund National of the Arts (FNA). However, groups of actors point out that these are “ornamental changes” and that “the destruction of film production” continues.
In addition, there is another hot point in the law that has the cultural sector up in arms. It refers to intellectual property rights, which mobilized stars in a campaign such as Ricardo Darín, Griselda Siciliani, Nicolás Vázquez, Cecilia Roth, Julio Chávez, Natalia Oreiro and Adrián Suar, among others.
Specifically, article 350 of Chapter II of the 'Omnibus Law' proposes that copyright holders can “form associations to defend their interests,” as well as “freely choose between joining a collective management society or not.” ”. They will also be allowed to “choose between exercising their property rights individually or through said company.”
The officialdom This establishes the possibility for cultural professionals to individually manage their copyright. and they are also enabled to create new associations, with the intention of promoting competition, according to the Casa Rosada.
What is SAGAI and how does it collect?
Since 2006, the Argentine Society for the Management of Performing Actors (SAGAI) is the only collective management entity authorized to administer the intellectual rights of actors and dancers obtained by the public dissemination of their works on screens. For this reason, the bill was categorically rejected by the organization, which, if approved, would lose the exclusivity of collective management, provided for by Law 11,723 on Intellectual Property.
As explained on its website, the company does not receive any contribution from the State. It collects royalties for the public broadcast of works in which audiovisual performers participate on over-the-air TV channels, cable operators, cinemas, streaming platforms and hotels. That is, all these actors allocate a percentage of their income to the entity, as agreed between the parties. These benefits are then distributed among the artists and are also used for the operation of the SAGAI Foundation, which, among other things, provides subsidies to members in crisis situations, financially supports its members over 80 years of age and makes reimbursements for medications.
The importance of SAGAI, according to actors
The president of SAGAI, actor Jorge Marrale, warned last week in the plenary session of committees to debate the bill about the “enormous risk” that Argentine copyright management companies and performers would face if article 350 is approved. .
“The economic rights of our members will be seriously affected. The collection and distribution of intellectual property rights is recognized as a food rights by Argentine jurisprudence. It is not a privilege,” said actor Jorge Marrale, president of SAGAI.
“If the project is approved, our entities would suffer defunding and the worst consequence will be the total disappearance of the social action that we carry out,” he added.
For his part, the actor and vice president of SAGAI, Martín Seefeld, explained to France 24 that the creation of more entities would generate “a problem” for artists.
“To whom I pay? How do I pay you? How do I pay you? Until that is established, it is a problem,” he said.
Likewise, he regretted that political ideology hinders the issue.
“Here it is thought that the entire culture is left-wing and that SAGAI is a Kirchnerist entity, which is not true, because I am the vice president and I am neither a Peronist nor a Kirchnerist. That is the big problem, because ideology ends up taking precedence when in reality what has to prevail is common sense,” explained the actor and vice president of SAGAI, Martín Seefeld.
Asked about the reasons for the Government's meddling in culture, Seefeld believes that it is the product of “great misinformation.”
“I would have to understand that our culture is not a privilege, it is a right. It represents us in the world. Our theatrical proposal is extraordinary, our cinema transports us to all the countries of the world,” the actor added to France 24.
For Milagros Plaza Díaz, an actress affiliated with SAGAI, these types of institutions “are important because they are at the same level as the companies that hire actors.”
“It is impossible for me alone to fully understand and ask for my work to be recognized and paid accordingly, because I have no strength. In front of a large production company, I am an insignificant ant. Instead, represented by SAGAI, my work becomes more dignified and less abused”declared the artist to France 24.
“Free competition will benefit actors and dancers,” says the Government
On the other side, the Undersecretary of Press of the Presidency of the Nation, Javier Lanari, defended the project and pointed out against the actors who demand the withdrawal of article 350, whom he described as “K artists”, in reference to Kirchnerism (left ).
“The K artists say that the Government wants to eliminate SAGAI. They should read the law. What is eliminated is the monopoly in the management of intellectual rights. Free competition will benefit actors and dancers (now they will be able to choose), ”he wrote on his X account.
President Milei has not commented on the matter, but he did share posts on X from other users who expressed their opinion on the subject. In one of them, he reposted an article titled “SAGAI: The supreme job of actors that steals from cinemas, TV, hotels and hospitals, and that Milei wants to cut”.
“They are not privileges, they are rights,” say actors
Dozens of actors and actresses are starring in a campaign on SAGAI's social networks in which they ask legislators to withdraw article 350 of Chapter II and Chapter III referring to Culture from the project.
“SAGAI protects the intellectual rights of thousands of artists. SAGAI does not receive any financial contribution from the State. The social action that SAGAI carries out accompanies and protects thousands of members. Why destroy something that works well? The world recognizes us for our cinema, our theater and our music. Our cultural industry is surplus,” actors such as Adrián Suar, Mercedes Morán, Julio Chávez, Natalia Oreiro, Carla Peterson, Cecilia Roth, Ricardo Darín, Griselda Siciliani, Nicolás Vázquez and Federico D'Elía, among others, say in a video.
Reversal of the cut at the National Film Institute
In the final project of the 'Omnibus Law', presented on Monday, January 22, the Milei Government withdrew from some proposals that had generated controversy among members of culture. One of those that had provoked the most rejection was the proposal to reduce funding for film promotion policies.
The National Institute of Cinema and Audiovisual Arts (INCAA), a non-state public entity, was one of the most affected. Its main function is to “promote, encourage, strengthen and regulate audiovisual production.” Essentially, it subsidizes the making of films and their presentations at film festivals.
Although he finally agreed to modify the article that most harmed cinema, Milei seems to make it very clear that culture will not be one of his Government's priorities. In statements to the “Arizona” program on 'Rock & Rock' radio, she asked herself why put State resources “to finance films that no one watches.”
“I have to choose whether we put the resources to finance films that no one watches (…) or we put that money to feed people,” said President Milei.
“Culture is in danger”
Hours before the decision was made to reverse the cut, more than 20,000 artists published a letter to Congress titled “Culture is in danger.”
But, The actor Luis Brandoni came out to his colleagues and assured that “culture is not in danger.”
“Culture was not in danger even with the most atrocious de facto regimes we have experienced. There is no way to cancel it. It seems to me that the guys from the 'Kirchnerist actors' association' made things a little bigger,” he declared in the program “Buen día, Nación” on 'La Nación +'.
If there are no problems, the 'Omnibus Law' will begin to be discussed next Tuesday in the Chamber of Deputies, in what will probably be a marathon session. The world of culture will remain in suspense until then.
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