"CURRENT REGULATORY FRAMEWORK OF CREATIVE ACTIVITY IN CHILE".

THE CONTENT OF CULTURAL POLICIES IS MATERIALIZED TO A LARGE EXTENT THROUGH THE NORMS AND INSTITUTIONS THAT INFLUENCE THE RECOGNITION AND DEVELOPMENT OF CULTURES, THE ARTS AND HERITAGE. THIS IS HOW LAW NO. 21.045 THAT CREATED MINCAP, PROMULGATED IN 2017, IS AN EXAMPLE OF HOW LEGAL PRECEPTS AND ENTITIES WITH ROBUST POWERS IN THE MATTER CAN FOSTER A FAVORABLE ENVIRONMENT TO PROTECT AND PROMOTE CULTURAL DIVERSITY, GUARANTEE CULTURAL PARTICIPATION, THE RECOGNITION OF TERRITORIAL CULTURES AND PROMOTING ACTIVITY AND CREATIVE WORK, AMONG OTHER OBJECTIVES. THIS LAW ULTIMATELY PROVIDES AND PERFECTS THE TOOLS NECESSARY TO SPECIFY THE CONSTITUTIONAL MANDATES AND THOSE CONTAINED IN THE INTERNATIONAL INSTRUMENTS RATIFIED AND IN FORCE IN THE COUNTRY, INCLUDING THE UNESCO CONVENTION OF 2005. THE MAIN OF THESE MANDATES IS THE ONE THAT ESTABLISHES THE DUTY STATE OF PROTECTION AND INCREASE OF THE CULTURAL HERITAGE OF THE NATION. THIS IS THE DIRECT CONSTITUTIONAL SOURCE OF STATE PROGRAMS AND INSTRUMENTS THAT ALLOW CULTURAL PARTICIPATION, ACCESS TO CULTURE AND THE POSSIBILITIES OF ARTISTIC AND PATRIMONIAL MANIFESTATION AND THE SAFEGUARDING OF TANGIBLE AND INTANGIBLE ASSETS OF SYMBOLIC VALUE. OTHER GUARANTEES SUPPORT THE IMPLEMENTATION OF THIS DUTY. FIRST, FREEDOM OF EXPRESSION THAT ENSURES THE RIGHT OF ALL PEOPLE TO DEMONSTRATE WITHOUT PRIOR CENSORSHIP. MOREOVER, LINKED TO THIS, THE FREEDOM TO CREATE AND SPREAD THE ARTS, WHICH SPECIFIES THE FREEDOM OF EXPRESSION IN RELATION TO THE CONTENT OF ARTISTIC WORKS. BOTH ARE THE BASIS FOR THE PROTECTION AND PROMOTION OF CULTURAL DIVERSITY, FOLLOWING UNESCO'S MANDATES ON THE MATTER--, ALLOWING THE COEXISTENCE, DEVELOPMENT, TRANSMISSION AND DIALOGUE OF THE MULTIPLICITY OF WAYS IN WHICH THE CULTURES OF GROUPS, AND SOCIETIES ARE EXPRESSED. NEXT, A FUNDAMENTAL PILLAR OF CREATIVE ACTIVITY IS INTELLECTUAL PROPERTY. THE PROTECTION OF COPYRIGHT AND RELATED RIGHTS, TOGETHER WITH THE FREEDOM TO UNDERTAKE, IS ESSENTIAL FOR THE EXISTENCE OF CREATIVE INDUSTRIES AND THEIR SUSTAINABILITY. FOR ITS PART, INDUSTRIAL PROPERTY ALSO SERVES TO PROTECT SOME ASPECTS OF CERTAIN ARTISTIC AND PATRIMONIAL MANIFESTATIONS, UNDER THE AUSPICES OF THE NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY -INAPI DEPENDENT ON THE MINISTRY OF ECONOMY, DEVELOPMENT AND TOURISM. OTHER IMPORTANT LAWS RELATED TO CREATION ARE THOSE THAT ENCOURAGE THE EXERCISE AND DISSEMINATION OF THE VISUAL ARTS; THOSE THAT FAVOR THE PARTICIPATION OF NATIONAL ARTISTS IN LIVE SHOWS; THE ONE THAT EXEMPTS FROM THE PAYMENT OF VAT THE INCOME RECEIVED FOR THE CONCEPT OF ENTRANCE TO CULTURAL SHOWS; THOSE THAT BENEFIT THE CHILEAN CIRCUS; THOSE THAT PROMOTE THE SPECIFIC SECTORS OF BOOK, MUSIC AND AUDIOVISUAL, AND THE OTHER ARTISTIC DISCIPLINES; THE LAW ON CULTURAL DONATIONS (ALSO APPLICABLE TO HERITAGE PROJECTS); AND THOSE THAT AWARD PRIZES TO OUTSTANDING PEOPLE IN THE INDUSTRY. FINALLY, IT SHOULD BE NOTED THAT LABOR REGULATIONS HAVE ALSO CONCERNED THE SECTOR, EXPRESSLY ADDRESSING THE CASE OF WORKERS IN THE ARTS AND ENTERTAINMENT. TO MEET THE PARTICULAR NEEDS OF THIS TYPE OF WORKER, IT HAS ESTABLISHED RIGHTS AND MINIMUM CLAUSES THAT SEEK TO MAKE EMPLOYMENT CONTRACTS APPLICABLE IN HARMONY WITH THE SPECIFIC REQUIREMENTS OF ARTISTIC ACTIVITIES, UNDER THE SUPERVISION OF THE LABOR DIRECTORATE.