As 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
Category Archives: Entertainment Law Brazil
Last 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
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.
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 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
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
I 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
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
In 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
Last 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”.