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The Department of Commerce of the Nation sentenced to a Sadaic fine (Sociedad Argentina) of Authors and Music Composers) for excessive prices in the copyright that the hotels pay, after an investigation by the National Commission for the Defense of Competition (CNDC). In turn, he recommended to the executive branch to establish a new tariff regime for the activity, so that it is "reasonable, non-discriminatory and equitable", a measure that could be established in a short time.
Sadaic was fined $ 42,732,771, which accounts for 10% of his business turnover from 2009 to 2014 (until the illegal practice is proven) through secondary reproduction. musical works.
The measure was an old claim of the hotels, which pay royalties to five different entities: Sadaic, Argentores (authors), Aadi-Capif (artists and music producers); DAC (directors) and Sagai (actors and performers) to have televisions in rooms and common areas. They argue that the tax burden is very high and, in the case of Sadaic, abusive.
In fact, the resolution of the CNDC responds to the complaint filed in 2009 (S-01-0427368 / 2009) by Fehgra (Federación Empresarial Hotel Gastronomic) for "Abuse of dominant power", according to which in April of this year Sadaïc has changed its tariff, "multiplying the price according to the number of rooms, without differentiating whether it is occupied or empty," they explain Fehgra. Thus, the tariff was increased in extraordinary proportions, converting the tariff into a "television tax" and not a fee for "alleged use" of protected material. The competition had determined prima facie years ago that Sadaic incurred in "abuse" and finally made the administrative resolution.
The CNDC explained that after an investigation it determined that in "Argentina is paid between seven and nine times more than the average of the reference countries (Chile, Paraguay, Mexico , Colombia, Venezuela.) Compared to Spain, some hotels pay 16 times more. "
With the Sadaic calculation, in practice," every hotel has to pay the fees to have TVs in the rooms, whether the room was occupied or not and that she played musical works, "explained the CNDC
." We are satisfied, after nine years the resolution has finally come out and we are right We hope the situation will be reversed and that they will be paid the right amount without abuse. "Sadaic's board arbitrarily decided what we had to pay and we had no other option. do, "said Graciela Fresno, president of Fehgra.
The entity signed agreements with other author entities to mitigate the weight of tariffs, but with Sadaic, he could not do it. "We taxed five entities to have a TV in a room, if we applied the total rates, without signed agreements, they could represent a similar amount to the IIBB up to 30% of the billing of a hotel, it is absurd, it affects For example, a 3-star hotel in Córdoba with 40 rooms, with a rate of $ 1200 per night, can pay $ 250,000 and 1.3 million $ per year for these five rights, "said Fresno. He added that if they are not paid, they can lead to bankruptcy, "like that happened with a hotel in Cordoba."
Commerce has recommended to the executive to establish a new tariff regime that Sadaic may require of hotels. of "reasonableness, non-discrimination, transparency, fairness and limited scope", and "to promote a complete modernization of the collections management system" in order to broaden the users and reduce the rates to reasonable levels. According to sources, the new regime would be approved in a short time.
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