Copyrights Law in Brazil
Here’s a detailed overview of copyright law in Brazil:
📘 Legal Framework
Copyright in Brazil is governed primarily by Law No. 9,610/1998 (the Brazilian Copyright Law).
The law protects authors’ rights over literary, artistic, and scientific works.
The National Library of Brazil handles copyright registration, although registration is not mandatory for protection.
🧠 What Is Protected?
Protected works include:
Literary works (books, articles, software, databases)
Artistic works (paintings, sculptures, drawings, photographs)
Musical compositions and lyrics
Dramatic and choreographic works
Audiovisual works (films, videos, TV programs)
Architectural works
Derivative works (translations, adaptations, compilations)
📅 Duration of Copyright
The general rule: life of the author plus 70 years after their death.
For anonymous or pseudonymous works, protection lasts 70 years from publication.
For audiovisual works, protection lasts 70 years from publication.
For works created by corporations (corporate works), protection is also 70 years from publication.
🌍 International Treaties
Brazil is a party to major international copyright treaties, including:
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
TRIPS Agreement under the WTO
⚖️ Rights Granted
Brazilian copyright law grants:
Moral rights (right of attribution, integrity, and withdrawal)
Economic rights: exclusive rights to reproduce, distribute, publicly perform, display, adapt, translate, and license the work
Moral rights are inalienable and cannot be waived or transferred.
📝 Registration
Copyright protection is automatic upon creation of the work.
Registration with the National Library or other authorized bodies is optional but provides evidence of authorship and date, which is helpful in disputes.
⚖️ Enforcement
Copyright infringement cases can be brought to civil courts.
Remedies include injunctions, damages, seizure and destruction of infringing copies.
Criminal penalties may apply for willful infringement, including fines and imprisonment.
Summary:
| Aspect | Details |
|---|---|
| Governing Law | Law No. 9,610/1998 (Brazilian Copyright Law) |
| Protected Works | Literary, artistic, musical, audiovisual, software, architectural works |
| Duration | Life + 70 years; 70 years for anonymous works |
| Registration | Optional; handled by National Library |
| International Treaties | Berne, WCT, WPPT, TRIPS |
| Enforcement | Civil and criminal remedies |
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