Tag Archives: Brazilian Copyright Act

The Coup that they Call a Conversation (because we weren’t in the Senate)

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

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The Brazilian SOPA: Content Creators and Owners Have Not Been Forgotten

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

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Carnival is over but the parade of bills to change the Brazilian Copyright Act does not stop

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

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ALERT: Another Bill Wants to Change the Brazilian Copyright Act

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

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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: Continue reading

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Bill of Copyright Law sent to the Civil House?

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

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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.

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Interesting news on tax aspects of the download of audiovisual works in Brazil

Last year, the  the 8th Fiscal Region Office of the Federal Revenue Service of São Paulo was inquired about the nature of the taxes – if any – that would be levied upon the download of movies. The entity which made the consultation has not been disclosed by the Federal Revenue Service but it seems fairly clear it must have been a big name on the download/streaming of movies via the internet or someone connected to this big name. Continue reading

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Ministry of Culture finally reveals the revised text of the pre-bill of Copyright Act

Ana de Hollanda, the new Minister of Culture, has been proving to be an incredible asset to the Ministry of Culture.

The prior policy of the Ministry of Culture was to say everything was very transparent while, in reality, it was not. Actually, it was far from transparent. Proof of that is that a pre-bill of Copyright Act was actually sent to the Head of the Civil House still in 2010 as I reported in this post. However, nobody knew the contents of this bill, which had allegedly been modified. Continue reading

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A reply to Inside Views: Brazil’s Copyright Reform: Schizophrenia?

This is my reply to a recent article by Pedro Paranaguá at Intellectual Property Watch.

The original article from Pedro Paranaguá criticizes a recent decision from the new Ministry of Culture Ana de Hollanda to remove the Creative Commons license from the Ministry´s website and argues in favor of a proposal to reform the current Brazilian Copyright law which the Ministry has decided was not yet ready to be presented to the national congress. Continue reading

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