Law of Music awaits approval

SANTO DOMINGO. The bill that protects, promotes, preserves and promotes the dissemination of the Dominican Music and Music Act proposes the creation of the Dominican Institute of Music (Indomusica), which would have a National Studio of Music and also contemplates establishing the Office Defense of the Dominican Music, who will defend the interests of the state and society in this area. The legislative initiative is submitted by the Member and songwriter Manuel Jiménez.

Under the bill, Indomusica be responsible for achieving the objectives of the law, if approved, and ensure the professionalism of performers, by creating academic spaces and ensure updating of teachers as a ten-year plan that involves a transformation revolutionize the artistic musical training in the country.

Article 4 suggests that the Ministry of Culture is the competent authority to enforce the law, and track.

Indomusica have a Council, chaired by the Ministry of Culture, and composed of the Director of the National Conservatory of Music, the National Director of Folklore, the Dean of the Bachelor of Music degree from the Autonomous University of Santo Domingo (UASD) and a member of society that has made contributions to Creole music.

Suggests that the institution is directed by a Board, composed of the Minister; the national director of Folklore; President of the General Society of Authors, Composers and Publishers Dominican Music (SGACEDOM); a representative of the Association of Professional Interpreters (SOIMPRO); by civil society, by the president of the Dominican Foundation of Music (FUNDOMMUSICA); the director of the Faculty of Arts at the Universidad Autónoma de Santo Domingo (UASD); and the executive director of the Institute of Music, disenfranchised.

For its part, the National Music Studio’s mission is to protect, disseminate and preserve the music of authors, composers and local performers, which would investigate, recover, would publish and disseminate Dominican music, especially artists and authors are not covered by a contract that preserves their works, unprotected by private record labels, artists and heirs or promoters of Dominican music.

The Dominican government would establish each year the National Prize of the Dominican Music “Jose Reyes”.

In addition to receiving resources allocated in the General State Budget National Studio of Music perform financial sustainability strategies with the marketing of goods and services produced.

Incentives and stimuli

The bill provides incentives for folk music, and states in Article 27 that could be obtained subsidies of up to 20% of music purchases of Dominican authors, through a cultural bond issue the Dominican State encourage music market in the country.

While proposes that the Ministries of Culture and Education cycles promote musical training courses in reading scores, theory and history in order to make known the national repertoire, authors, composers and performers.

Another measure would be to promote the creation of orchestras, choirs, bands and marching bands at all levels of training. Institutions should promote student participation in music activities with scholarships, cash prizes, musical instruments and others.

Functions Attorney

The Attorney for the Defense of the Dominican Music, as a dependency of the Attorney General of the Republic, exert represent and defend the interests of the state and society in this area, and the actions and representing the public interest, as an procedural part in all trials for violations of this law http://aronberglaw.com/areas-of-practice/automobile-accidents, the law 65-00 on Copyright and other legal provisions related to music and their holders.

He will represent the State in actions arising with attacks on the dissemination and promotion of the national repertoire and its authors, composers and performers.

It will also ensure that the laws of copyright, Judicial Organization of the Republic and related are met.

Sanctions

The bill proposes to establish a fine of 100 to 1.000 minimum wages in the public sector to the station manager, programmer, or his pattern, coordinates and provides placement of music or television programs radial plant and any other means are not placed in 50% of their programming Dominican music.

In case of recidivism, the fine will be doubled, and may order the closure of the radio station, television, or other media for a period not exceeding 30 days.

Article 46 provides that if an artistic employer does not comply with the provisions of articles 33, 34 and 35 of the bill, on the obligation to submit at least one performer or Creole orchestra for every performer Foreign grouping shall be sentenced to correctional imprisonment of two months to three years and shall be fined from 100 to 1.000 minimum wages in the public sector.

The same penalty is imposed on the television programs which do not specify the name of the author of a musical work, when performed live, taped or video clip and advertising the show in which no mention of the name of the artist is made or Dominican group.

Controversy

In Chapter V of stimuli and incentives provides that the television, radio or other media must allocate in its programming not less than 50% of Creole music, 40% to the music they see fit, and 10% music classical or folk roots and oral tradition of authors, composers and singers Dominicans.

That aspect has been questioned by the Dominican Association of Broadcasters (ADORA), owners and managers of broadcasters and other sectors on the grounds that it would be a setback to the progress made in the country. 

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