Category Archives: Entertainment Law Brazil

Internet Bill should Not Fail to Include the Respect for Intellectual Property as a Principle

3d text 5As you know from other posts here and here, the House of Representatives is debating an Internet Bill which is framed as a “constitution for the Internet” and, as such, it purports to establish fundamental principles which should be followed on the Internet. Among the principles mentioned in the Bill are freedom of expression, privacy protection, neutrality, the preservation of the participative nature of the Internet. Continue reading

Leave a comment

Filed under Entertainment Law Brazil, Internet in Brazil

Carolina Dieckman Law or The Criminal Law on Invasion of Computer and Similar Devices

Access control, keyboard version 2Last year the personal computer of a famous Brazilian actress was hacked and intimate photos of the beauty have found their way to the Internet. The whole episode, specially after the public in general realized that our books had no specific law to deal with this kind of problem, motivated Congress to move and approve a Law to deal with the invasion of a computer.

Law 12,737 has entered into force yesterday and will be an important tool to combat this type of criminal practice in the digital environment. It criminalizes conduct specific to this environment and imposes penalties that may discourage behavior such as invasion of computers or computing device. Continue reading

2 Comments

Filed under Entertainment Law Brazil

Antitrust Authority Decision Practically Destroys the Current System of Collection of Public Performance Rights of Music In Brazil

A big question mark?

This is what was left of the current system of collection of public performance rights of music in Brazil after a decision from CADE the Administrative Council for Economic Defense yesterday.

The decision was motivated by a complaint from ABTA, the Association of Television under the subscription model and concluded that the associations which form ECAD, the Brazilian Public Performance Collecting Rights Society, act in a concerted manner to fix the rates of royalties for public performance collected by the Association. ECAD and the Associations which are part of ECAD were fined in a total of approximately 19 million dollars.

Continue reading

4 Comments

Filed under Copyright in Brazil, Entertainment Law Brazil

The Brazilian government announced a new Minister of Culture: what about the end of the copyright reform?

Adriano Vizoni/Folhapress

Adriano Vizoni/Folhapress

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.

Continue reading

1 Comment

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

Newborn Pay-TV Law Under Scrutiny

11-16-11 © subjug

11-16-11 © subjug

The Federal Supreme Court of Brazil (STF) has set up a public consultancy for this semester of 2012, to discuss the law that regulates the pay TV regime locally (law 12.485) .

Coincidence or not, Minister Luiz Fux from STF, which had the initiative of convoking the public consultancy, was also designated the Reporter Judge of three ongoing actions filed by Partido Democrata (Adin 4679) , Associação Neo TV (Adin 4747) and Associação Brasileira de Radiodifusores (Adin 4756) respectively, that questions the constitutionality of the current law that regulates this matter. Continue reading

Leave a comment

Filed under Entertainment Business, Entertainment Law Brazil

Brazilian collection society under scrutiny

Microphone with money bag | photo by Talaj @ iStockphotoThe 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

1 Comment

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

Tax news is always bad news – CIDE apparently is applicable to copyrights

Drowning, waving for help - photo by can akat @ iStockphotoI believe it is a universal truth that taxes are never reduced or eliminated. In the year 2000, Brazil instituted a new tax called CIDE (acronym for “Contribution of Intervention in the Economic Domain”) which would be levied upon payments originated from contracts that foresee the remittance of royalties, of any nature, to beneficiaries outside Brazil. The purpose of the tax is to foment the technological development of the country. Basically 10% of everything that is remitted abroad under the denomination “royalties” would have to be collected.

But why am I addressing a 12-year old tax now? Continue reading

Leave a comment

Filed under Copyright in Brazil, Copyright Law, Entertainment Law Brazil, Intellectual Property

2 years old: still young but going strong!

Two years old!Our first post was published exactly two years ago and our blog still exists. That is a feat in itself, considering the little time we had to invest on it.

But the feedback we have had has been so great and encouraging that, as far as we are concerned, we are here to stay. It also helps that we have been able to bring to the battle front a few other contributors because last year, for various reasons, we let the blog go unattended for several weeks in a row. However, since the end of last year, we have been able to post at least once every week and that is our goal for 2012 and beyond. Continue reading

2 Comments

Filed under Entertainment Law Brazil

Ban of supposedly violent and offensive games: game over!

Game Over by Jimmy McManisIn the end of February, Bill 170/06 proposed by Congressman Valdir Raupp from PMDB and which aimed at prohibiting the manufacture, importation and distribution of offensive games in Brazil, was removed from the Senate by its own proponent.

In an official declaration, the Congressman stated that, in reviewing the bill’s content, he concluded that it could end up hurting several fundamental rights, especially freedom of speech, free enterprise and free exercise of an economic activity and that it would even allow potential censorship. Continue reading

2 Comments

Filed under Entertainment Business, Entertainment Law Brazil, Video Games

YouTube, blogs, ECAD, streaming and public performance in Brazil. What a mess!

illustration by Jimmy McManisLast week, a debate has grown after blog Caligraffiti complained about invoices for public performance fees for embedding Youtube videos sent by ECAD, the Central Office for Collection and Distribution of Public Performance Rights in Brazil.

The debate has motivated a dedicated post at Forbes online where the charges were considered a scandal. The column, written by Forbes’ contributor Ricardo Geromel, considered that “astonishingly, according to absurd copyright laws in Brazil, the Central Bureau of Collection and Distribution is surprisingly correct in doing so”.

Continue reading

1 Comment

Filed under Copyright in Brazil, Entertainment Business, Entertainment Law Brazil, Intellectual Property, Internet in Brazil, Privacy and Publicity Rights