The Third Version of the Pre-Draft Bill of the Brazilian Copyright Law is Unofficially Out

Although the Ministry of Culture is still silent regarding the status of the bill of Copyright Law, we were provided with a copy of the new text of the bill that was allegedly sent to the Civil House. Though this may not be official, here goes a summary of the changes:

  • Articles 20-A to 20-I – Inclusion of convoluted rules of mandatory registration of copyrighted works. We cannot say this hurts the Berne Convention directly because the text of the articles does not say it is for the purposes of validity and/or enforcement of the copyrights. It seems to be a registration for the purposes of control of public domain and only valid for works originating from Brazil (as far as we understood them).
  • Articles 98 to 100 – Changes in the control of the collection societies. More governmental control is the motto but, as we all know, this does not necessarily mean a good thing.
  • Article 105-A – A few changes in the notice and takedown proceedings.  The core is kept (and this is good) but a few new undefined terms are used. Why make it clear if you can make it more confusing?
  • Article 113-B – Inclusion of possibility of seizure of counterfeited goods before the customs (the current legislation only addresses directly such matter as far as trademark infringement is concerned).

For now, we will refrain from making detailed comments on these particular modifications, but, apparently, this is the version that will soon be sent to Congress for further discussion. The “rumors” are that the bill will reach the Congress still this year, but, with a few weeks left and also considering that Congress’ end of year is always messy and riddled with many different concerns, that seems very unlikely.

In any event, our thoughts are that the bill is not too close to the first version as it has been alleged by “O Globo”. From the first version which has been pulled from the Civil House in the beginning of this year, considerable and necessary advancements have been made and, although this is not the ideal version, at least the bill is more prepared to be deeply discussed in Congress.

That’s all for today.

Stay tuned!

Fernando Torres

Attilio Gorini

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Filed under Brazilian Copyright Act, Brazilian Copyright Law, Brazilian cultural policy, Copyright in Brazil, Copyright Law

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