Author: Claudia Caro. Director, PONS IP Colombia.

A song may be written in a matter of hours, yet transforming it into an activity capable of generating value requires far more than talent alone. Behind every piece of music lies a network of authors, performers, producers, publishers, promoters, distributors, sources of funding, and an entire value chain of activities that must be given the conditions necessary to develop and remain sustainable. It is precisely this reality that Law 2615 of 2026, known as the Music Law, seeks to address by establishing a comprehensive framework for action.

Its purpose is to create the legal, financial, institutional, recognition and capacity-building conditions necessary for the development of Colombia’s Music Sector. The focus is therefore directed not merely towards musical creation as a protected right, but fundamentally towards the people, organisations, activities, and economic and cultural dynamics that make its development possible.

Music, of course, already enjoyed legal protection in Colombia. Law 23 of 1982, Andean Decision 351 of 1993, and the regulations that have subsequently developed and updated this framework recognise the protection of musical works and the rights of authors and composers, as well as the related rights of performers and phonogram producers.

One of the most noteworthy aspects of Law 2615 is its broad conception of the Music Sector. It encompasses authors, composers, performers, musicians, phonographic and music producers, publishers, collective management organisations, distributors, managers, academies, luthiers, promoters, programmers, sound engineers, booking agents, and numerous other stakeholders involved throughout the various stages of musical activity.

The Law expressly recognises artists and groups operating outside the mainstream music industry market, thereby extending its support measures to those who pursue their careers independently or in partnership with similarly positioned participants.

This approach is particularly significant because it recognises that the development of music depends on far more than creative talent alone. It also requires, among other things, information,[1] financing, institutional support, circulation opportunities, access to markets, and conditions capable of transforming artistic creation into a sustainable economic activity.

Concrete Measures

Law 2615 establishes a variety of mechanisms designed to achieve these objectives. One of them is the Music Information System (SIMUS), conceived as a tool for registering stakeholders and organisations, monitoring investment, developing indicators and sectoral assessments, and, more generally, generating information that contributes to a deeper understanding and evaluation of the sector.

Financing constitutes another of the Law’s central pillars. To this end, it creates the Special Music Sector Fund, an autonomous patrimony without separate legal personality attached to the Ministry of Culture, intended to coordinate and execute different funding sources in support of policies relating to the music sector.

Its resources may derive, among other sources, from allocations by the Ministry, appropriations from the National General Budget, donations, contributions, international cooperation, and income generated by the Fund itself. Notably, at least 40% of its resources must be allocated to creation, production, and circulation initiatives benefiting non-mainstream artists.

These resources may also support training programmes, venue and music school networks, music-based enterprises, community and heritage initiatives, research projects, venues dedicated to live music, audience development programmes, and collaborative initiatives within the sector.

Alongside the Fund, the Law restructures the National Music Council, entrusting it, among other responsibilities, with participating in the formulation of policies, plans and programmes aimed at strengthening the music sector, as well as approving the allocation of the Fund’s resources.

This establishes an institutional architecture consisting primarily of the Ministry of Culture, the Special Fund, the National Music Council, and SIMUS. The Law further provides that these entities must operate in a coordinated manner in order to avoid duplication of functions.

Its true scope and effectiveness will become apparent as the implementing regulations and practical implementation evolve, particularly given that the Law itself requires the Fund’s resources to be regulated in accordance with principles of fiscal austerity.

Training and education also constitute an important component of the legislation. The Law expressly provides mechanisms to ensure that participants understand their rights, learn how to protect them, and appreciate the commercial opportunities arising from their creations from legal, business and practical perspectives.

The legislation also addresses highly specific issues relating to musical instruments. In addition to mechanisms for their registration and identification, it provides for the development of insurance schemes covering certain instruments whose commercial value exceeds two statutory monthly minimum wages.

At the same time, the Law adopts a broad understanding of the musical ecosystem, as reflected in the establishment of territorial outreach brigades tasked with the active identification and registration of participants within SIMUS. Their implementation must prioritise PDET territories[2] and regions with a significant presence of Traditional, Living and Community Music (MTVC).

This prioritisation does not, in principle, imply the exclusion of other participants within the sector. The practical balance ultimately achieved will depend to a significant extent upon the implementing regulations.

Industrial Property and Copyright

Although not a specific component of Law 2615, it is important to recognise that creating value also means knowing how to manage intangible assets, including music itself and the brands associated with it. It is precisely at this point that an especially important connection with intellectual property emerges.

It is essential to recognise that a substantial proportion of the value generated within the music sector resides in intangible assets. A song, a performance, a recording, a music catalogue, a stage name or a trade mark may all constitute assets capable of legal protection and commercial exploitation. Added to these are the contractual arrangements through which rights and content are authorised, licensed, assigned, produced, distributed or commercialised. Unfortunately, despite their fundamental importance, such assets are often not managed by industry participants with the level of strategic attention they deserve.

For this reason, strengthening the music sector also requires strengthening the capacity of its participants to identify their intangible assets, determine ownership, understand how they are protected, and develop strategies for exploiting them and generating value from them.

For those operating within the music ecosystem, this means asking a series of questions that may appear simple but are, in reality, critical:

• Is ownership of their creations and productions clearly established?
• Do their contracts adequately reflect the rights they retain, grant or acquire?
• Are their stage names and trade marks properly protected?
• Do they understand the licensing opportunities associated with their assets?
• Do they genuinely appreciate which rights they are granting when entering into production, publishing or distribution agreements?

The existence of a legal right is fundamental. Knowing how to manage that right and transform it into tangible value is equally important.

Intellectual Property and Asset Management in the Music Sector

This intellectual property dimension remains highly relevant to the sectors and territories to which the Law gives particular attention. On the contrary, it directly concerns composers, authors, performers, self-taught musicians, cultural custodians, and creators of traditional, popular and community music, for whom knowledge of their rights, and of the mechanisms available for protecting, managing and exploiting their creations, may itself become a tool for development and sustainability.

The Law itself reinforces this connection by requiring the Ministry of Culture, in coordination with the National Copyright Directorate, to implement a permanent training programme for sector participants concerning their rights, their protection and commercial exploitation, as well as the structure and functioning of the music industry.

Intellectual property therefore emerges as a cross-cutting tool, although its application and strategic use must naturally be tailored to the specific characteristics of each stakeholder, creation or activity.

Across Latin America there are precedents for institutional and public funding mechanisms dedicated to the development of music, although with differing models and levels of scope. Mexico has established the National Musical Promotion System; Uruguay operates competitive cultural funding schemes and a Regional Culture Fund; while Chile and Argentina have developed institutional and financial instruments specifically designed to support musical activity.

These experiences do not necessarily represent models that Colombia should replicate. However, they demonstrate that strengthening a music sector requires legislative objectives to be translated into concrete mechanisms, resources, institutional structures and effective monitoring of outcomes.

The Real Challenge Begins Now

The enactment of Law 2615 constitutes an important step forward, but its ability to transform the conditions of the sector will ultimately depend upon its implementation and regulatory development.

It will be necessary to define funding mechanisms and access criteria; ensure that the opportunities created by the Law effectively reach the full diversity of participants within the sector; strengthen SIMUS so that it produces information capable of supporting decision-making; develop mechanisms relating to the registration, identification and insurance of musical instruments; ensure representative participation from the sector’s various stakeholders; and establish indicators capable of measuring results and impact.

At the same time, the Law presents an opportunity for the participants of the music ecosystem themselves. Strengthening the sector does not depend exclusively upon government action. It also requires industry stakeholders to gain a deeper understanding of the assets they generate, structure their contractual relationships appropriately, and adopt strategies that enable them to protect and maximise the value of those assets.

The Music Law therefore marks the beginning of a new chapter for Colombia’s music sector. The challenge will be to ensure that the recognition and measures provided by the legislation translate into better conditions for creating, protecting, producing, distributing and, ultimately, generating value from music.

At PONS IP, driven by purpose and passion, we are committed to supporting that journey. Contact us at: lpatino@ponsip.com

References

• Colombia. Law 2615 of 2026 (Music Law).
• Colombia. Law 23 of 1982 on Copyright.
• Andean Community. Decision 351 of 1993, Common Regime on Copyright and Related Rights.
• Colombia. Law 1915 of 2018, amending Law 23 of 1982 and establishing additional provisions concerning copyright and related rights.
• Chile. Law No. 19,928 on the Promotion of Chilean Music.
• Argentina. Law No. 26,801 establishing the National Institute of Music.
• Ministry of Cultures, Arts and Knowledge of Colombia. Institutional information regarding the Music Law and the Music Information System (SIMUS).

[1] Music Information System (SIMUS).

[2] Territorially Focused Development Programmes (PDET). Programmes established pursuant to the 2016 Peace Agreement to promote development in territories particularly affected by armed conflict, poverty, institutional weakness and, in some cases, illicit economies.