Review and improvement of the legal framework of culture in Peru: "Law of Peruvian Cinematography and Audiovisual"and "Law of the Artist and Performer"
THE LAW PROJECT OF CINEMATOGRAPHY AND AUDIOVISUAL OF PERU will replace the Law 26370 and aims to protect and promote visual diversity in Peru. The Peruvian Government recognizes the importance of film and audiovisual as artistic and creative manifestations for the culture development and recognition of national identity. Therefore, it proclaims the right of own film as an inalienable right of its citizens, guaranteeing the freedom to create, perform, produce and distribute films and audiovisual works in any venue or system, already created or in process to be created. The Government establishes cultural policies for development and promotion of art and industry nationally and internationally. The aims of this law:
- Promotion, distribution, protection and preservation of national cinematographic and audiovisual works.
- Promotion of a film industry in Peru.
- Training, research and critical study about new audiovisual languages.
- Abroad dissemination about Peru’s image and specifically, the diversity of their collections, promoting film and audiovisual production in the country.
REFORMS TO THE LAW 27890, LAW OF THE ARTIST AND PERFORMER (music and scenic artist), its main objective is to provide a legal framework for protection of labor rights and welfare to the national artist. However there are still a number of gaps and complexities that need to be modified and expanded to achieve the objectives, which are as follows:
- Regulate the recognition, protection, practice and defense of moral property, patrimonial, labor, social security and intellectual property rights, among others, that correspond to the performers and theirs performances.
- Promote a permanent professional and academic development of the artist
- Encourage the creation and development of jobs through all workers participation including creators and entrepreneurs.
- Establish a competitive funding mechanism for promotion and development of artistic activity in a decentralized and inclusive way.
This process of legal development and regulatory review has been initiated since mid-2011.
The Law Project of Cinematography and Audiovisual in Peru entered in reflection, restatement and written process by a specialized and representative team. The Ministry of Culture has put into consideration this law for opinion and observation of the various guilds and groups from the film and audiovisual in Peru through an open participatory process. The law of the Artist, Law 27890, is under review with labor specialists, cultural managers and artists guilds representatives.
Challenges identified in the implementation of this measure:
Current legal framework, gaps and better implementation are under review. Drafting process and specialized consultation.