Are you in search of free and legally available Argentine Tango music downloads?  Learn what is legal and what is not with this guide to navigating copyright laws, downloading tango music, and what tango music is legal to play in public.

Understanding Argentine Copyright Laws

In 1933, Argentina introduced its first copyright law, Ley N° 11.723 (english translation). This established copyright protection for artistic works for a duration of 50 years from their initial publication. The initial law granted both individuals and corporations the right to safeguard their creative endeavors.

In 2009, Argentina updated its copyright legislation with Ley N° 26.570 (english translation). This extended copyright protection for phonographic recordings to a span of 70 years from the year of their first release.

Key Provision in the Modified Copyright Law

The modification to the law introduces a new provision:

Los fonogramas e interpretaciones que se encontraren en el dominio público sin que hubieran transcurrido los plazos de protección previstos en esta ley, volverán automáticamente al dominio privado por el plazo que reste, y los terceros deberán cesar cualquier forma de utilización que hubieran realizado durante el lapso en que estuvieron en el dominio público.

This provision states that phonograms (sound recordings) previously in the public domain under Ley N° 11.723, and now protected by Ley N° 26.570 (Enacted: December 11, 2009), have reverted to private domain status until their protection expires again under the new rules. Additionally, the new law mandates that third parties cease using such works that have transitioned back to private domain status.

As of 2024, all music recordings released in Argentina before 1954 are in the public domain.  This means all Golden Era tango music, and earlier music, is in the public domain.

Understanding the difference between Copyright © and Phonogram Copyright ℗

While a copyright applies to publication and performance of music and lyrics, there is a separate copyright for sound recordings. This is called a Phonogram Copyright; indicated by a symbol of a capital letter P inside a circle ℗  followed by the release year. A Phonogram Copyright offers legal protection against unlicensed copying of a sound recording.

If a producer creates a new copy of a public domain recording, that new copy can have a new Phonogram Copyright. An example might be a digitally restored copy of a 78RPM shellac, sold on CD or as a digital file. In a way, this restarts the copyright clock of the original recording, but only for the new copy. The original recording would still be in the public domain if older than 70 years.

Note however that royalties for publicly playing a recording goes to the Copyright owner, not the Phonogram owner.  It is also possible that a sound recording is in the public domain, but it is still not legal to play that recording in public. 

Summary of Copyright Status for Argentine Tango Music

• Sound recording of music recordings released in Argentina before September 28, 1933 — Always in the Public Domain.
• Sound recording of music recordings released in Argentina more than 70 years ago — Public Domain.
• Sound recording of music recordings released in Argentina more than 70 years ago, then transferred from original records and republished, but with no claim of a Phonogram Copyright on the packaging or when you purchased it — Public Domain. If they don’t want people sharing it, then they should have remembered to make a Phonogram Copyright claim.
• Sound recording of music legally transferred from original recordings and republished (CDs, digital files, reprints on vinyl records, or any other audio format) with a new Phonogram Copyright claim are not in the Public Domain until 70 years after their release.  For example, a vinyl record released in 1980 is copyright protected until 2050 (1980 + 70 years). This is true even if that vinyl record is a copy of tangos recorded and released in the 1930’s.
• Sound recording of music illegally transferred from original records and republished, and now the original recording is over 70 years old — Public Domain. However, this is a tricky situation.  It could end up in a court battle if the entity that made the illegal copy thought they could muddy the waters enough in court to win.
• Sound recording of music copied from original records that are more than 70 years old (e.g. 78RPM shellacs), then shared freely — Public Domain.
• Copyrighted music or lyrics played in public, whether as a sound recording or performed live on by musicians and/or singers, is protected for 70 years after the death of the last collaborating composer or lyricist.  This can be difficult to calculate, continue reading to find out why.

Discovering Public Domain Argentine Tango Music Downloads

Two valuable sources for accessing public domain Argentine Tango music downloads are:

1. The Internet Archive: Explore an array of public domain media, including tango music downloads made from original 78RPM shellac records. Check out this advanced search link on the Internet Archive to access these gems.
2. UCSB Discography of American Historical Recordings: Despite its name, this resource from the University of California at Santa Barbara houses numerous Golden Era recordings by Orquestas Típicas. Try a search based on keywords like “Orquesta”, or a more complex search with a date range and location

Other Considerations: Public Performance Rights

So far, we have been exploring the legality of copying original recordings of tango music.  Licensing and royalty payments for playing recordings in public are more complicated.  While copy protection of a Phonogram Copyright expires 70 years after its release, publicly playing a song, either from a recording or as a live performance, is a different story.

In 1936, a group of musicians, composers, lyricists, and music producers combined their efforts to create a register of copyrighted works, and to collect and distribute royalties for the use of those works. This is known as Sociedad Argentina de Autores y Compositores de Música, or SADAIC. In English, this translates to: Argentine Society of Authors and Composers of Music. As an interesting side note, the first president of SADAIC was the one and only Francisco Canaro.

SADAIC uses Argentine law to collect royalties for the public performance of a copyrighted work, whether live or recorded, for 70 years after the last death of all collaborating composers and lyricists. For example, Francisco Canaro died in 1964, so the law covers public performance of music he wrote entirely himself until 2035.

Just to complicate things further, think about how these situations might affect copyright status…

• Multiple people may have composed the music and authored the lyrics for a single song, possibly at different times. The law seems to say that the 70 year term begins at the “death of the last collaborator.” But in some cases lyrics exist at the request of a record producer, independent from the original collaborators.  The law is not clear about this.
• Sometimes instrumental recordings were of songs that had lyrics.  The law is not clear about this. It seems to still support “death of the last collaborator” clause.
• Some songs had lyrics written for them, but no recordings exist with a singer singing those lyrics. Is the song only protected for 70 years after the death of the composer, and not the lyricist? The law is not clear about this.
• In some cases, a song has more than one set of lyrics, and they might come from different authors, and written at different times. Some recordings might use lyrics, others not.
• Often, an estribillista would improvise a shortened version of a song’s lyrics both live and on recordings. Those improvised lyrics were probably never registered.
• Due to censorship, the Argentine government “requested” a rewrite of some lyrics.  Sometimes a different lyricist did the rewrite. Are they a collaborator?
• In one case, an artist neglected to register a song. But then it was registered after the artist’s death so that his family could receive the royalties.
• Sometimes an artist made minor changes to their previously copyrighted song and registered it as a new song. For example, Fransisco Canaro did this with “Nueve Puntos” and “Pájaro Azul.”
• An artist can sell their copyright to a corporation that never dies. The law seems to go with the “death of the last collaborator” clause even after the transfer of copyright ownership.
• Article 6 of the law states, “The heirs or beneficiaries may not oppose third parties republishing the works of the deceased when more than ten years have passed without ordering their publication.” Does this mean that if a work of a dead artist has been out of print for more than 10 years that anyone can republish it? Presumably, performance royalties would still go to the beneficiaries for 70 years after the death of the artist.
• In a recent case in the US, record companies are trying to claim that simply downloading music from a public web site constitutes a public performance.

The Performance Rights Mess

As you can imagine, figuring out performance rights is a logistical mess.  Performance Rights Organizations have a simple solution, pay us what we ask, or else we’ll make life complicated for you. However, the SADAIC web site does have a publicly accessible database of all works registered with them.  With that database, you can look up the copyright status of any music registered with them.  Just click the “Búsqueda de Autores y Obras” button in the menu to search.

Although SADAIC has an office in Miami, Florida, the American Society of Composers, Authors and Publishers, known as ASCAP, is an affiliate of SADAIC.  ASCAP claims the right to collect royalties for SADAIC.  Since tango DJs often play modern music too, this can be convenient when seeking a license for all the music played at milongas. Other regions and countries have their own Performance Rights Organizations.

Dirty Tricks And Racketeering?

It has almost become a tradition in the U.S. tango community for unscrupulous organizers, teachers, or DJs to play the dirty trick of reporting their competition to ASCAP. While you might convince an ASCAP representative that the tango music you play is in the public domain, they could still get you for cortinas and alternative tandas.

Once caught, the ASCAP representative will try to load you up with fines and retro-active royalties payments.  Then they will try to sell you the most expensive licensing account option they have. It is good to have an idea of what licensing accounts ASCAP offers before you meet them. If your event is taking place in a dance studio, bar, restaurant, hotel or other event space, then the responsibility for having a performance license should fall to the owner of the venue.  Some traveling DJs are cautious enough to pay for their own performance license so they don’t get left holding the bag.  If you are holding a public event in a location that you own or lease, then you need an ASCAP license.

Many people have noticed that some of ASCAP license types have no reporting requirements.  You pay them a license fee, but they don’t ask for a list of what you played in order to fairly distribute the royalties to those that deserve it.  In the state of New Mexico, there is a regional music genre that radio stations pay ASCAP to play on air; yet musicians that composed and performed that music say they have never received royalty payments from ASCAP.  There is also no distinction between playing a 30 second cortina verses a full length song. Welcome to the wonderful world of Performance Rights Organizations.  They have many critics.

Conclusion

Free, legal, public domain tango music downloads are available.  Playing them privately is legal, and playing them publicly is sometimes legal.  You might get in trouble if the registered artist of a song died less than 70 years ago.  You could also get in trouble for the cortinas or alternative tandas you play publicly. While some regions, such as Europe, might have more generous interpretations of copyright law, the laws of the music’s country of origin are usually the only rules that should be respected.