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
Tag Archives: Brazil Copyright Law
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.
Earlier this week a bill (PL 3336/2012) was proposed by Congressman Walter Feldman from PSDB aiming to curb the widespread violation of copyright on the Internet.
The Bill was clearly inspired by similar legislative efforts in other countries and provides for the blockage of internet sites which are declared to be a “infringer web site” meaning a “website directed to Brazil whose operator or owner is committing or aiding copyright violations under the local legislation”. According to the bill, the entity that will decide whether or not a site infringes upon third parties rights is National authority responsible for the registration of domain names and the allocation of IP addresses in Brazil, “Núcleo de Informações e Coordenação do .br” (NIC.Br). Continue reading
It started yesterday, February 29, 2012, another edition of the Rio Content Market, one of the largest seminars of audiovisual content of Latin America that counts with the participation of people from different fields of the entertainment industry in Brazil and abroad, most of them pertaining to the productive chain of the TV business.
The seminar is not only an opportunity to discuss relevant issues related to new technologies and formats created for audiovisual content, but it is also a way to better know the portfolio of companies and have a first contact with projects which may became a reality in the future. Continue reading
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
If you read this blog, you know I follow closely the development of the pre-bill of Copyright Act which is currently being analyzed by the Civil House of the President of the Republic for possible remittance to Congress.
However, apparently, Congressman Nazareno Fonteles from the Labor Party of the state of Piauí (Northeastern region of Brazil) got tired of waiting and decided to present his own bill to change the Copyright Act (Bill no. 31331/12). In principle, this is a smart move because shorter bills have better chances of going faster before Congress. However, his bill is basically a “copy and paste” of everything that is wrong with the pre-bill of Copyright Act proposed by the Ministry of Culture. Worse yet, it is a “copy and paste” of prior versions of the pre-bill which were clearly designed to make copyright flexible to the users, yielding less protection to the content creators and owners. Continue reading
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: Continue reading
The last news I had about the status of the bill of Copyright Law was that it was under discussion before the Interministerial Group of Intellectual Property, a natural step after the final draft of the bill was elaborated by the Ministry of Culture and before it is sent to the Civil House. Continue reading
The Ministry of Culture disclosed its schedule for the further revision of the draft-bill of Copyright Act
As commented here, the Ministry of Culture was going to reveal a plan for further possible comments on the second version of the draft bill of Copyright Act. Well, as an Easter Egg, the plan was revealed last night and, basically, any interested parties will have from April 25th, 2011 until May 30th, 2011, to make their contributions for the enhancement of the bill.
The Ministry further said that the intention is to have the modified draft sent to the Civil House on July 15th.