The law incorporates as a regulation the right to equitable remuneration that is inalienable and non-transferable, even when the artist has assigned their economic rights
On November 3, 2025, the Chamber of Deputies approved the bill known as the “Tommy Rey Law,” which recognizes artists, performers, and performers’ right to remuneration for the digital availability of their performances in phonograms and audiovisual formats.
The initiative moved on to the Senate for a second reading and, although it is not yet law, it tells us that there is a broad majority in the industry that believes that the digital use of recordings should also compensate those who perform, not just the authors or composers.
To understand the scope of the reform, it is necessary to start with the legislation currently in force. Law No. 17,336 on Intellectual Property recognizes related rights for artists, performers, and musicians, granting them the power to authorize or prohibit the public communication of their performances. It also recognizes their right to receive remuneration when their performances are used commercially.
However, in practice, these rights are often undermined by contracts in which performers cede a large portion of their rights to producers or record labels. This transfer, which is permitted under current regulations, leaves many musicians without any real share in the income generated by the digital exploitation of their performances.
In this regard, the bill presented in tribute to Patricio Zúñiga Jorquera, “Tommy Rey,” expressly recognizes this reality. The text points out that, although Law No. 17,336 grants rights, protection is insufficient because performers often end up with no control or effective remuneration for the digital use of their own work. In other words, the exercise of their rights is limited because performers are often at a contractual disadvantage in such negotiations.
Therefore, the bill proposes a structural change, incorporating into law the right to equitable remuneration that is inalienable and non-transferable, even when the artist has assigned their economic rights.
This regulatory shift is reflected in the proposed amendment to Article 67 bis of Law No. 17,336.
As we know, the article currently states that:
The bill adds a new paragraph establishing the following:
Therefore, the new paragraph states that when an artist enters into a contract with a producer, it is presumed that they have transferred the right of making available. However (and this is the central point of the reform), the performer retains the right to obtain equitable remuneration for such use, even if they have previously assigned their economic rights. Furthermore, this right may only be exercised through a collective management organization, and the amount must be determined in accordance with the procedure set forth in Article 100 of the same law.
In this way, the bill seeks to prevent broad assignments from completely absorbing the income that may derive from the public making available of performances fixed in phonograms or audiovisual recordings, a situation that frequently occurred in contracts entered into before the rise of digital platforms.
Although the bill does not create a new exclusive right, it does establish a basis on which the right to remuneration is inalienable and non-transferable, meaning that it cannot be negotiated in any clause or limited in its application.
Therefore, performers will retain (even after having assigned their economic rights) an inalienable and non-transferable right to receive remuneration for the digital making available of their performances. This remuneration must be paid by the third party responsible for the act of making available and cannot be eliminated by contractual clauses.
In short, the “Tommy Rey Law” focuses on recognizing, in practice, the economic contribution of performers in the digital ecosystem. If the Senate upholds what has been approved by the Chamber of Deputies, Chile may soon have a clear standard of remuneration for all types of artists, performers, and performers.
For them, it would be ideal to start organizing their documentation and paperwork so that they can benefit from the reform if it is approved by the Senate. The essential thing for everyone is to be prepared when the law is enacted and comes into force.
For more information on this new law, please contact our Intellectual and Industrial Property Group:
Eugenio Gormáz | Partner | egormaz@az.cl
Carlos Lazcano | Senior Associate | clazcano@az.cl
Fernanda Rodríguez | Associate | frodriguez@az.cl
Esteban Orhanovic | Associate | eorhanovic@az.cl
Matías Selamé | Associate | matiasselame@az.cl
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