What are the Performance Rights Organizations in Colombia and What Do They Do?

Colombia has two major organizations, known as Performance Rights Organizations, which govern the economic rights from public performance of the reproduction of musical compositions and phonographic reproductions. The first major organization is known as the Society of Authors and Composers of Colombia (“SAYCO”). SAYCO collects royalties in the name of authors and composers associated with the organization. An author or composer can only be affiliated with one collective management society that collects royalties worldwide on its behalf. The second major organization is the Colombian Association of Phonographic Interpreters and Producers (“ACINPRO”). The ACINPRO collects royalties on behalf of artists, performers and producers of phonograms, affiliated to the organization. Its headquarters are located in the City of Medellin, Colombia.

In 1993, the Andean Decision 351 was passed giving protection to intellectual works such as the ones mentioned above. Article 13 of the Decision gives the exclusive right to the author of the work to authorize or prohibit the reproduction of the intellectual work by any means. This article also applies to right holders, such as Colombia’s two major organizations, that collect royalties on behalf of musicians, composers, performers, etc. Importantly, Article 45 prohibits performance rights organizations from receiving members of other collecting societies; this regulation limits the possibility of belonging at the same time to two collective management societies. For example, if a musical composer wishes for ASCAP to be his global collective management society, he must give up SAYCO altogether. Likewise, if an artist member of ACINPRO wishes to belong or join another collective management company, it requires disaffiliating from their current collective management company.

In addition to these two societies, the Sayco Acinpro Organization (“OSA” or “Organización Sayco Acinpro” in Spanish) is the president of both SAYCO and ACINPRO. Its purpose is to collect for its constituents, the financial interests resulting from the authorization of the public reproduction of musical works, performances and phonographic productions. Moreover, OSA applies to authors and composers associated with SAYCO, and to the artists, performers and producers of phonograms, affiliated to ACINPRO; and collect royalties resulting from the public performance of music by equipment, television sets, mechanical, electrical, electronic, and/or sound processes in establishments open to the public. This organization at no time serves as liaison between its member authors and composers, artists, performers and producers of phonograms.

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