act of communication carried out —regardless of purpose—in a public space accessible to a plurality of individuals. This includes the broadcast of musical or cinematic works via mechanical, electronic, or digital means, such as television. Therefore, broadcasting content on televisions in publicly accessible spaces, like restaurants, is considered a public performance and, in principle, requires authorization from the rights holders or the collective management organizations representing them. However, it is important to note that Decree 765/2024 also states that there is no public performance when such communication occurs in a private space, whether it is of permanent or temporary use. The distinction between public and private spaces can be complex and the interpretation of the regulations may vary depending on specific circumstances. Intellectual Property: Recipes vs. Creative Works In Argentina, copyright is regulated by Law 11.723, which protects scientific, literary, artistic, and educational works. For creation to be protected, it must meet two essential criteria: • It must be original (i.e., the result of the author’s intellectual effort) • It must be expressed in a concrete form (general ideas are not protected) • Traditional recipes—understood as a list of ingredients with preparation instructions—are not usually considered protectable works, as they often lack sufficient originality or are regarded as functional or technical formulas, much like chemical formulas. However, some elements can be protected under copyright law: • Literary texts written with creative or narrative style (as in cookbooks by Petrona or Dolly) • Photographs, illustrations, or visual presentations accompanying the recipes • The editorial format of a cookbook (layout, graphic design, writing style) • Brand names or registered trademarks associated with a dish or series of recipes (e.g., “La cocina de Petrona”) 694 GONZALO A. CASANOVA FERRO
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