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Original article: «Ley Balmes»: Proyecto que consagra protección intelectual para obras de artes visuales avanzó en el Senado

«Balmes Law»: Bill Advancing in Senate to Establish Intellectual Property Protection for Visual Arts

Following its review by the Senate’s Culture and Finance Committees, the proposed law to establish copyright for artists and creators of visual works will be analyzed and voted on in the chamber by senators.

Known as the «Balmes Law» in honor of the prominent painter and National Prize for Plastic Arts, José Balmes (1927-2016, pictured), this initiative, currently in its second legislative phase, regulates the intellectual property of still images, graphic, and plastic artworks, through the recognition of artists’ or their heirs’ rights to participate in the resale of their works.

Additionally, it updates and strengthens current Intellectual Property legislation concerning the rights of artists.

Specifically, the text states that «authors of graphic or plastic artworks shall have the irrevocable and transferable right to receive five percent of the price paid for any sale of the work after the first transfer made by the author or by someone substituting their rights according to this law.»

This right, it indicates, «lasts for the lifetime of the author and extends for 70 years after the date of their passing,» and adds that the right «is transferable upon death to the surviving spouse, civil partner, and intestate heirs.»

Regarding the sales subject to this law, it specifies that «they must be registered in the Intellectual Property Registry, while proposing that any additional fiscal expenditure arising from the application of this law in its first budgetary year «will be financed from the current budget of the Ministry of Cultures, Arts and Heritage.»

However, the Ministry of Finance, funded by the corresponding public treasury budget allocation, may supplement this budget for any expenses that cannot be covered by such resources, as noted in the Senate bulletin.

For subsequent years, the project indicates that expenditures will be financed from the resources included in the respective budgetary laws of the public sector.

The Citizen

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