Posted on: 16/3/2021

Brazilian Copyright Law

Massively present in our lives and most of the time passing unnoticed, the Brazilian Copyright Law (Law No. 9.610/98) has been the subject of debates regarding the needs for its modernization, in the face of the advancement of the digital world, and certain corrections of some concepts that hinder the harmonization of jurisprudential and doctrinal understanding about the protection of rights related to the matter.

Although the discussion about this modernization has stopped due to the COVID19 pandemic,  it is necessary to resume the process as soon as possible over the Bill No. 2.370/19, because it has carried important suggestions for changes, especially regarding the needs to modernize a law that was adopt before rising the streaming and which it needs some regulation under the digital environment, as well as the correction of terminological concepts related to the differences between license and assignment contained in the current law, including discussions on moral right, heirs and regarding the economic exploitation of the rights.

In addition, we have been verifying that our courts have honored the Brazilian Copyright Law in force, as to the exclusivity of their enjoyment as provided for in article 5, item XXVII, of the Brazilian Federal Constitution, which ensures the author the exclusive exercise of using his creations.

This can be confirmed by the recent decision in which Federal Deputy Carla Zambelli (PSL-SP) was ordered to compensate in the amount of R$ 65.000,00 the composers Tom Zé and José Miguel Wisnik for the use of the music names Xique-xique in a video supporting the President Jair Bolsonaro and that published on a social media. Likewise, Rede Globo broadcaster has used the provisions of the Brazilian Copyright Law to remove contents from groups from Telegram that have gained popularity for narrating the Big Brother Brazil Program to earn a lot of money and visibility from such practice.

Even though the Brazilian Copyright Law deserves a wide discussion in Brazilian society for its modernization, we verify in practice that the applicable legislation remains an important tool of protection to the author and an important way to defend himself against the unauthorized use of his creation, with the consequent patrimonial recompositing due by the infringer.

Autor: Pedro Zardo Junior

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