Caetano Veloso invited me, while exchanging e-mails, to meet a group of people that, according to him, had been studying copyright law greatly and had some ideas different to mine. I always enjoyed a good conversation and accepted his invitation, despite not believing that good ideas can come from people influenced by “Vanisa Santiago”. Continue reading
Category Archives: Brazilian Copyright Law
The Brazilian government announced a new Minister of Culture: what about the end of the copyright reform?
The president Dilma Rousseff announced this Tuesday that Ana de Hollanda no longer is the Minister of Culture in Brazil. The hard task of dealing who such affairs – including the reform of the Copyright Act – now pertains to Marta Suplicy, which is a former mayor of São Paulo.
The Brazilian music public performance collection society – ECAD – is under heavy fire. In June, 2011 a Congressional Investigation at the Brazilian Senate was triggered to investigate several alleged frauds by ECAD. The investigation started after several complaints regarding ECAD’s lack of transparency, excessive collection and lack of criteria to determine and distribute the collected amounts. One of the complaints, for example, said that an employee of one of the associations that form ECAD (there are 9 in total) used the name of a bus driver to receive more than US$ 75,000.00 due to songwriters and performers.
As a result of the 10-month investigation, with several hearings and the collection of a vast amount of documents, a 350-page report, with more than 3 thousand exhibits was produced. It is a lot to read and to digest. By the end of the day, though, the document requests the indictment of 15 people who are – or were – part of ECAD and of the associations that form ECAD for a number of different crimes, such as misappropriation of funds, auditing fraud, formation of cartel and unjust enrichment. Continue reading
What’s in a name? State Court of Rio de Janeiro clarified the protection afforded to titles of works of authorship
In comparison with more mundane matters such as consumer complaints against vendors, landlord and tenants disputes or business related matters, copyright cases are still relatively rare for local judges.
Even within the realm of copyright cases, the vast majority is related to allegations of blatant piracy or some form of plagiarism.
However, this week, I learned of a recent decision involving a specific topic within the copyright law. The case revolved around the legal protection afforded to titles of works of authorship and this blogger was positively impressed by the decision which can help clarify the boundaries of protection of titles.
State Court of São Paulo has ordered GOOGLE to remove links to sites which offer unauthorized real time programs from TV GLOBO
According to news reports, the largest Brazilian television broadcaster – TV GLOBO – has obtained an injunction before the State Court of São Paulo against Google based on copyright violation. The injunction requires the search engine to remove from the search results links to sites which offer access to real time programs from TV Globo without authorization.
TV GLOBO claims to have first sent warning letters to Google demanding the removal of the links and that the court action was only filed as a last resource in view of the lack of compliance with the requests. Continue reading
My last post was about a new bill that wants to profoundly change the Brazilian Copyright Act (to the worse, in my view). However, I found that a less ambitious – but still very troubling – bill was introduced last December 13th by Congressman Luciano Castro of the Republic Party of the State of Roraima (Northern Region of Brazil) which aims to limit the term of assignment of rights in copyright-related contracts. The bill received number 2910/2011 and, on January 31st, 2012, it was sent to the Committees of (i) Education and Culture, (ii) Constitution and Justice and (iii) Citizenry for approval. If approved, the bill will continue its path through Congress.
Currently, the Copyright Act does not provide for any limitation on the term of assignments and licenses. Section 49 of the Act determines that assignment can only take place in writing and that a total, unrestricted transfer is possible, with the obvious exceptions of the moral rights of the authors. The same Section further determines that, in the absence of a written contractual provision, the maximum term of the assignment will be deemed to be of 5 years. Continue reading