Copyright Law
ACT NO. 9,610, OF FEBRUARY 19, 1998.
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Regulation
Amends, updates and consolidates the legislation on copyright and contains other provisions.
THE PRESIDENT OF THE REPUBLIC I hereby make it known that the National Congress decrees and I sanction the following Law:
Title I
Preliminary Provisions
Art. 1º This Law regulates copyright, which is understood to include copyright and related rights.
Art. 2º Foreigners domiciled abroad shall enjoy the protection assured in the agreements, conventions and treaties in force in Brazil.
Sole paragraph. The provisions of this Law shall apply to nationals or persons domiciled in a country that guarantees Brazilians or persons domiciled in Brazil reciprocity in the protection of copyright or equivalent rights.
Art. 3 Copyright is considered, for legal purposes, movable property.
Art. 4 Legal transactions regarding copyright are interpreted restrictively.
Art. 5 For the purposes of this Law, the following are considered:
I - publication - the offering of a literary, artistic or scientific work to the public, with the consent of the author or any other copyright holder, by any means or process;
II - transmission or broadcast - the diffusion of sounds or sounds and images, by means of radio waves; satellite signals; wire, cable or other conductor; optical means or any other electromagnetic process;
III - retransmission - the simultaneous broadcast of a transmission from one company by another;
IV - distribution - the making available to the public of the original or copy of literary, artistic or scientific works, fixed interpretations or performances and phonograms, through sale, lease or any other form of transfer of ownership or possession; V - communication to the public - act by which the work is made available to the public, by any means or procedure and which does not consist of the distribution of copies;
VI - reproduction - the copy of one or more copies of a literary, artistic or scientific work or of a phonogram, in any tangible form, including any permanent or temporary storage by electronic means or any other means of fixation that may be developed;
VII - counterfeiting - unauthorized reproduction;
VIII - work:
a) co-authored - when it is created jointly by two or more authors;
b) anonymous - when the name of the author is not indicated, by his/her will or because he/she is unknown;
c) pseudonymous - when the author hides behind a false name;
d) unpublished - that which has not been the subject of publication;
e) posthumous - that which is published after the death of the author;
f) original - the first creation; g) derivative - that which, constituting a new intellectual creation, results from the transformation of an original work;
h) collective - that which is created on the initiative, organization and responsibility of a natural or legal person, who publishes it under his/her name or brand and which is constituted by the participation of different authors, whose contributions merge into an autonomous creation;
i) audiovisual - that which results from the fixation of images with or without sound, which has the purpose of creating, through its reproduction, the impression of movement, regardless of the processes of its capture, the support used initially or subsequently to fix it, as well as the means used for its broadcast;
IX - phonogram - any fixation of sounds of a performance or interpretation or of other sounds, or of a representation of sounds that is not a fixation included in an audiovisual work;
X - publisher - the natural or legal person to whom the exclusive right to reproduce the work and the duty to disseminate it is attributed, within the limits provided for in the publishing contract;
XI - producer - the natural or legal person who takes the initiative and has the economic responsibility for the first fixation of the phonogram or audiovisual work, whatever the nature of the support used; XII - broadcasting - the wireless transmission, including by satellites, of sounds or images and sounds or representations thereof, for reception by the public and the transmission of encoded signals, when the means of decoding are offered to the public by the broadcasting organization or with its consent;
Art. 6º The works that are simply subsidized by them shall not be under the domain of the Union, the States, the Federal District or the Municipalities.
Title II
Of Intellectual Works
Chapter I
Of Protected Works
Art. 7º The creations of the mind, expressed by any means or fixed in any tangible or intangible medium, known or invented in the future, are protected intellectual works, such as:
I - the texts of literary, artistic or scientific works;
II - conferences, speeches, sermons and other works of the same nature;
III - dramatic and dramatic-musical works;
IV - choreographic and pantomime works, the stage performance of which is recorded in writing or in any other form;
V - musical compositions, whether or not they have lyrics;
VI - audiovisual works, with or without sound, including cinematographic works;
VII - photographic works and those produced by any process analogous to photography;
VIII - works of drawing, painting, engraving, sculpture, lithography and kinetic art;
IX - illustrations, geographical maps and other works of the same nature;
X - projects, sketches and plastic works related to geography, engineering, topography, architecture, landscaping, scenography and science;
XI - adaptations, translations and other transformations of original works, presented as new intellectual creations;
XII - computer programs;
XIII - collections or compilations, anthologies, encyclopedias, dictionaries, databases and other works, which, by their selection, organization or arrangement of their content, constitute an intellectual creation.
§ 1º Computer programs are subject to specific legislation, in compliance with the provisions of this Law that apply to them.
§ 2º The protection granted in item XIII does not cover the data or materials themselves and is understood without prejudice to any copyrights that subsist with respect to the data or materials contained in the works.
§ 3º In the field of science, protection shall fall on the literary or artistic form, not covering its scientific or technical content, without prejudice to the rights that protect other fields of intangible property.
Art. 8º The following are not subject to protection as copyrights as provided for in this Law:
I - ideas, normative procedures, systems, methods, projects or mathematical concepts as such;
II - schemes, plans or rules for performing mental acts, games or business;
III - blank forms to be filled in with any type of information, scientific or otherwise, and their instructions;
IV - the texts of treaties or conventions, laws, decrees, regulations, judicial decisions and other official acts;
V - information in common use, such as calendars, agendas, records or captions;
VI - isolated names and titles;
VII - industrial or commercial use of ideas contained in the works.
Art. 9. The copy of a work of art made by the author himself is guaranteed the same protection as the original.
Art. 10. Protection of an intellectual work includes its title, if it is original and unmistakable with that of a work of the same genre, previously published by another author.
Sole paragraph. The title of periodical publications, including newspapers, is protected for up to one year after the publication of their last issue, unless they are annual, in which case this period shall be extended to two years.
Chapter II
Authorship of Intellectual Works
Art. 11. The author is the natural person who creates a literary, artistic or scientific work.
Sole paragraph. The protection granted to the author may apply to legal entities in the cases provided for in this Law.
Art. 12. To identify himself as the author, the creator of a literary, artistic or scientific work may use his civil name, in full or abbreviated to his initials, a pseudonym or any other conventional sign.
Art. 13. The author of an intellectual work shall be considered, in the absence of proof to the contrary, the person who, by one of the forms of identification referred to in the previous article, has, in accordance with usage, indicated or announced this quality in its use.
Art. 14. The holder of copyright is the person who adapts, translates, arranges or orchestrates a work that has fallen into the public domain, and may not oppose another adaptation, arrangement, orchestration or translation, unless it is a copy of his own.
Art. 15. Co-authorship of the work is attributed to those whose name, pseudonym or conventional sign is used.
§ 1º The person who simply assisted the author in the production of the literary, artistic or scientific work, by reviewing it, updating it, as well as supervising or directing its edition or presentation by any means, shall not be considered a co-author.
§ 2º The co-author, whose contribution may be used separately, shall be assured all the rights inherent to its creation as an individual work, however, the use that may harm the exploitation of the common work shall be prohibited.
Art. 16. The author of the literary, musical or literary-musical subject or argument and the director shall be co-authors of the audiovisual work.
Sole paragraph. The co-authors of cartoons shall be those who create the cartoons used in the audiovisual work.
Art. 17. Protection is guaranteed to individual contributions to collective works.
§ 1º Any of the participants, in the exercise of their moral rights, may prohibit their name from being indicated or announced in the collective work, without prejudice to the right to receive the agreed remuneration.
§ 2º The organizer shall hold the property rights to the collective work as a whole.
§ 3º The contract with the organizer shall specify the contribution of the participant, the deadline for delivery or performance, the remuneration and other conditions for its execution.
Chapter III
Registration of Intellectual Works
Art. 18. The protection of the rights dealt with in this Law is independent of registration.
Art. 19. The author may register his work with the public agency defined in the caput and in § 1º of art. 17 of Law No. 5,988 of December 14, 1973.
Art. 20. A fee shall be charged for the registration services provided for in this Law, the amount of which and the collection procedure for which shall be established by an act of the head of the federal public administration body to which the registration of intellectual works is linked.
Art. 21. The registration services referred to in this Law shall be organized as provided for in § 2 of art. 17 of Law No. 5,988 of December 14, 1973.
Title III
Of the Author's Rights
Chapter I
Preliminary Provisions
Art. 22. The moral and patrimonial rights over the work he created shall belong to the author.
Art. 23. The co-authors of the intellectual work shall exercise their rights by mutual agreement, unless otherwise agreed.
Chapter II
Of the Author's Moral Rights
Art. 24. The following are the author's moral rights:
I - to claim, at any time, authorship of the work;
II - to have his name, pseudonym or conventional sign indicated or announced as being that of the author when his work is used;
III - to keep the work unpublished;
IV - to ensure the integrity of the work, opposing any modifications or the practice of acts that, in any way, may harm it or affect him, as the author, in his reputation or honor;
V - to modify the work, before or after it is used;
VI - to withdraw the work from circulation or to suspend any form of use already authorized, when the circulation or use implies an affront to his reputation and image;
VII - to have access to a unique and rare copy of the work, when it is legitimately in the possession of another person, for the purpose of preserving its memory by means of a photographic or similar process, or audiovisual means, in a way that causes the least possible inconvenience to its holder, who, in any case, will be compensated for any damage or loss caused to him.
§ 1º Upon the death of the author, the rights referred to in items I to IV are transferred to his successors.
§ 2º The State is responsible for defending the integrity and authorship of the work that has fallen into the public domain.
§ 3º In the cases of items V and VI, prior compensation to third parties is reserved, when applicable.
Art. 25. The director is exclusively responsible for exercising moral rights over the audiovisual work.
Art. 26. The author may repudiate the authorship of an architectural project altered without his consent during the execution or after the completion of the construction.
Sole paragraph. The owner of the construction shall be liable for any damages caused to the author whenever, after repudiation, he considers the authorship of the repudiated project to be his.
Art. 27. The moral rights of the author are inalienable and irrevocable.
Chapter III
The Author's Patrimonial Rights and their Duration
Art. 28. The author shall have the exclusive right to use, enjoy and dispose of the literary, artistic or scientific work.
Art. 29. The use of the work, in any form, such as:
I - partial or full reproduction;
II - editing;
III - adaptation, musical arrangement and any other transformations;
IV - translation into any language;
V - inclusion in a phonogram or audiovisual production;
VI - distribution, when not intrinsic to the contract signed by the author with third parties for the use or exploitation of the work;
VII - distribution for the supply of works or productions by cable, fiber optics, satellite, waves or any other system that allows the user to select the work or production to perceive it at a time and place previously determined by the person who formulates the demand, and in cases where access to the works or productions is made by any system that involves payment by the user;
VIII - the direct or indirect use of the literary, artistic or scientific work, by means of:
a) representation, recitation or declamation;
b) musical performance;
c) use of loudspeakers or similar systems;
d) sound or television broadcasting;
e) capture of broadcasting transmissions in places of collective frequency;
f) environmental sound;
g) audiovisual, cinematographic exhibition or by a similar process;
h) use of artificial satellites;
i) use of optical systems, telephone wires or otherwise, cables of any type and similar means of communication that may be adopted;
j) exhibition of works of visual and figurative art;
IX - inclusion in a database, storage on a computer, microfilming and other forms of archiving of the kind;
X - any other forms of use that exist or may be invented.
Art. 30. In exercising the right of reproduction, the copyright holder may make the work available to the public, in the form, place and for the time that he wishes, for a fee or free of charge.
§ 1º The exclusive right of reproduction shall not apply when it is temporary and has only the purpose of making the work, phonogram or interpretation perceptible in electronic media or when it is of a transitory and incidental nature, provided that it occurs during the course of the duly authorized use of the work by the holder.
§ 2º In any form of reproduction, the number of copies shall be reported and controlled, and the person reproducing the work shall be responsible for maintaining records that allow the author to monitor the economic benefit of the exploitation.
Art. 31. The various forms of use of literary, artistic or scientific works or phonograms are independent of each other, and the authorization granted by the author or the producer, respectively, does not extend to any of the others.
Art. 32. When a work created under a co-authorship regime is not divisible, none of the co-authors, under penalty of being liable for losses and damages, may, without the consent of the others, publish it or authorize its publication, except in the collection of their complete works.
§ 1º In the event of disagreement, the co-authors shall decide by majority vote.
§ 2º The dissenting co-author is guaranteed the right not to contribute to the publication costs, waiving his share of the profits, and the right to prevent his name from being included in the work.
§ 3º Each co-author may, individually, without the consent of the others, register the work and defend his own rights against third parties.
Art. 33. No one may reproduce a work that does not belong to the public domain, under the pretext of annotating, commenting on or improving it, without the author's permission.
Sole paragraph. Comments or annotations may be published separately.
Art. 34. Letters, the publication of which is subject to the author's permission, may be attached as evidence in administrative and judicial proceedings.
Art. 35. When the author, by virtue of a review, has given the work a definitive version, his successors may not reproduce previous versions.
Art. 36. The right to economic use of writings published by the press, daily or periodical, with the exception of those signed or bearing a sign of reservation, belongs to the publisher, unless otherwise agreed.
Sole paragraph. The authorization for economic use of signed articles, for publication in daily and periodical publications, does not have effect beyond the periodicity period plus twenty days, counting from their publication, after which the author recovers his right.
Art. 37. The acquisition of the original of a work, or of a copy, does not grant the purchaser any of the author's patrimonial rights, unless otherwise agreed between the parties and in the cases provided for in this Law.
Art. 38. The author has the irrevocable and inalienable right to receive at least five percent of the increase in price that may be verified in each resale of a work of art or manuscript, being originals, that he has sold.
Sole paragraph. If the author does not realize his right of resale at the time of resale, the seller shall be considered the depositary of the amount due to him, unless the transaction is carried out by an auctioneer, in which case the latter shall be the depositary.
Art. 39. The author's property rights, except for income resulting from their exploitation, shall not be communicated, unless otherwise provided by a prenuptial agreement.
Art. 40. In the case of an anonymous or pseudonymous work, the author's property rights shall be exercised by the person who publishes it.
Sole paragraph. The author who makes himself known shall assume the exercise of the property rights, except for rights acquired by third parties.
Art. 41. The author's property rights shall last for seventy years from January 1 of the year following his death, in accordance with the order of succession established by civil law.
Sole paragraph. The term of protection referred to in the caput of this article shall apply to posthumous works.
Art. 42. When the literary, artistic or scientific work produced by co-authorship is indivisible, the term provided for in the previous article shall be counted from the death of the last surviving co-author.
Sole paragraph. The rights of the co-author who dies without successors shall be added to those of the survivors.
Art. 43. The term of protection for patrimonial rights over anonymous or pseudonymous works shall be seventy years, counted from January 1 of the year immediately following the year of first publication.
Sole paragraph. The provisions of art. 41 and its sole paragraph shall apply whenever the author makes himself known before the end of the term provided for in the caput of this article.
Art. 44. The term of protection for patrimonial rights on audiovisual and photographic works shall be seventy years, starting on January 1 of the year following the year of their publication.
Art. 45. In addition to works for which the term of protection for patrimonial rights has expired, the following shall belong to the public domain:
I - those by deceased authors who have left no successors;
II - those by unknown authors, except for the legal protection of ethnic and traditional knowledge.
Chapter IV
Limitations on Copyright
Art. 46. The following shall not constitute an offense to copyright:
I - the reproduction:
a) in the daily or periodical press, of news or informative articles, published in newspapers or periodicals, with mention of the name of the author, if signed, and of the publication from which they were transcribed;
b) in newspapers or periodicals, of speeches given at public meetings of any nature;
c) portraits or other forms of image representation, made to order, when performed by the owner of the object ordered, without objection from the person represented in them or their heirs;
d) literary, artistic or scientific works, for the exclusive use of visually impaired individuals, provided that the reproduction, without commercial purposes, is made using the Braille system or another procedure on any medium for these recipients;
II - the reproduction, in a single copy, of small excerpts, for the private use of the copyist, provided that it is done by him, without the intention of profit;
III - the citation in books, newspapers, magazines or any other means of communication, of passages from any work, for purposes of study, criticism or controversy, to the extent justified for the purpose to be achieved, indicating the name of the author and the origin of the work;
IV - the collection of lessons in educational establishments by those to whom they are addressed, their publication, in whole or in part, being prohibited without prior and express authorization from the person who taught them;
V - the use of literary, artistic or scientific works, phonograms and radio and television broadcasts in commercial establishments, exclusively for demonstration to customers, provided that these establishments sell the media or equipment that allows their use;
VI - theatrical representation and musical performance, when carried out in family recess or, for exclusively educational purposes, in educational establishments, without
there being no intention of profit in any case;
VII - the use of literary, artistic or scientific works to produce judicial or administrative evidence;
VIII - the reproduction, in any works, of small excerpts of pre-existing works, of any nature, or of an entire work, in the case of visual arts, provided that the reproduction itself is not the main objective of the new work and that it does not harm the normal exploitation of the reproduced work nor cause unjustified harm to the legitimate interests of the authors.
Art. 47. Paraphrases and parodies are free if they are not true reproductions of the original work nor imply discrediting it.
Art. 48. Works permanently located in public places may be freely represented by means of paintings, drawings, photographs and audiovisual procedures.
Chapter V
Transfer of Copyright
Art. 49. Copyright may be transferred in whole or in part to third parties, by the author or his successors, on a universal or singular basis, personally or through representatives with special powers, by means of licensing, concession, assignment or by other means permitted by law, subject to the following limitations:
I - the total transfer includes all copyrights, except those of a moral nature and those expressly excluded by law;
II - the total and definitive transfer of rights shall only be permitted by means of a written contractual stipulation;
III - in the event of no written contractual stipulation, the maximum term shall be five years;
IV - the transfer shall be valid only for the country in which the contract was signed, unless otherwise stipulated;
V - the transfer shall only apply to forms of use already in existence at the date of the contract;
VI - if there are no specifications regarding the type of use, the contract shall be interpreted restrictively, and shall be understood as limited to only that which is indispensable for fulfilling the purpose of the contract.
Art. 50. The total or partial assignment of copyright, which shall always be made in writing, shall be presumed to be onerous.
§ 1º The assignment may be recorded in the margin of the registration referred to in art. 19 of this Law, or, if the work is not registered, the instrument may be registered in a Registry of Titles and Documents.
§ 2º The assignment instrument shall contain as essential elements its purpose and the conditions for exercising the right regarding time, place and price.
Art. 51. The assignment of copyright on future works shall cover a maximum period of five years.
Sole paragraph. The term shall be reduced to five years whenever it is indefinite or longer, reducing the stipulated price in due proportion.
Art. 52. The omission of the name of the author, or co-author, in the dissemination of the work does not presume anonymity or the assignment of their rights.
Title IV
Use of Intellectual Works and Phonograms
Chapter I
Publishing
Art. 53. By means of a publishing contract, the publisher, obliged to reproduce and disseminate the literary, artistic or scientific work, is authorized, on an exclusive basis, to publish and exploit it for the term and under the conditions agreed with the author.
Sole paragraph. In each copy of the work, the publisher shall mention:
I - the title of the work and its author;
II - in the case of translation, the original title and the name of the translator;
III - the year of publication;
IV - the name or brand that identifies the publisher.
Art. 54. By the same contract, the author may be obliged to produce a literary, artistic or scientific work, the publication and dissemination of which the publisher is committed to.
Art. 55. In the event of the author's death or inability to complete the work, the publisher may:
I - consider the contract terminated, even if a considerable part of the work has been delivered;
II - publish the work, being autonomous, upon payment of a proportional price;
III - order another person to finish it, provided that the successors consent and the fact is indicated in the edition.
Sole paragraph. Partial publication is prohibited if the author has expressed the will to publish it only in full or if his successors so decide.
Art. 56. It is understood that the contract covers only one edition, unless there is an express clause to the contrary.
Sole paragraph. In the absence of any express provision in the contract, each edition shall be considered to consist of three thousand copies.
Art. 57. The price of the remuneration shall be determined based on customs and practices, whenever the author has not expressly stipulated it in the contract.
Art. 58. If the originals are delivered in disagreement with the agreement and the publisher does not refuse them within thirty days of receipt, the changes introduced by the author shall be deemed accepted.
Art. 59. Whatever the terms of the contract, the publisher is obliged to allow the author to examine the accounting records in the part that corresponds to him, as well as to inform him about the status of the edition.
Art. 60. The publisher is responsible for setting the sale price, but may not raise it to the point of hindering the circulation of the work.
Art. 61. The publisher shall be obliged to provide monthly accounts to the author whenever the author's remuneration is conditional on the sale of the work, unless a different term has been agreed upon.
Art. 62. The work must be published within two years of the conclusion of the contract, unless a different term is stipulated in the agreement.
Sole paragraph. If the work is not published within the legal or contractual term, the contract may be terminated, and the publisher shall be liable for any damages caused.
Art. 63. Until the editions to which the publisher is entitled are sold out, the author may not dispose of his work, and the burden of proof shall lie with the publisher.
§ 1º During the term of the publishing contract, the publisher has the right to demand that an edition of the same work made by another person be withdrawn from circulation.
§ 2º An edition shall be considered sold out when there are fewer than ten percent of the total copies in the publisher's possession in stock.
Art. 64. Only after one year has passed since the publication of the edition may the publisher sell the remaining copies as a surplus, provided that the author is notified that, within thirty days, he shall have priority in acquiring said copies at the surplus price.
Art. 65. If an edition is sold out and the publisher, who has the right to another, does not publish it, the author may notify the publisher to do so within a certain period of time, under penalty of losing that right, in addition to being liable for damages.
Art. 66. The author has the right to make any amendments and changes he sees fit in successive editions of his works.
Sole paragraph. The publisher may oppose any changes that harm his interests, offend his reputation or increase his liability.
Art. 67. If, due to its nature, it is essential to update the work in new editions, the publisher, if the author refuses to do so, may entrust it to someone else, mentioning the fact in the edition.
Chapter II
Communication to the Public
Art. 68. Without prior and express authorization from the author or owner, theatrical works, musical or literary-musical compositions and phonograms may not be used in public performances and performances.
§ 1º Public performance is considered to be the use of theatrical works in the genres of drama, tragedy, comedy, opera, operetta, ballet, pantomimes and similar, with or without music, with the participation of artists, whether paid or not, in places of collective attendance or by radio broadcasting, transmission and cinematographic exhibition.
§ 2º Public performance is considered to be the use of musical or literary-musical compositions, with the participation of artists, whether paid or not, or the use of phonograms and audiovisual works, in places of collective attendance, by any means, including radio broadcasting or transmission by any means, and cinematographic exhibition.
§ 3º Places of collective attendance are considered to be theaters, cinemas, dance or concert halls, nightclubs, bars, clubs or associations of any nature, stores, commercial and industrial establishments, stadiums, circuses, fairs, restaurants, hotels, motels, clinics, hospitals, public agencies of direct or indirect administration, foundations and state-owned entities, means of transportation of passengers by land, sea, river or air, or wherever literary, artistic or scientific works are represented, performed or transmitted.
§ 4º Prior to the public performance, the entrepreneur must present to the central office, as provided for in art. 99, proof of payments related to copyright.
§ 5º When the remuneration depends on the attendance of the public, the entrepreneur may, by agreement with the central office, pay the price after the public performance.
§ 6º The entrepreneur shall deliver to the central office, immediately after the public performance or broadcast, a complete list of the works and phonograms used, indicating the names of the respective authors, artists and producers.
§ 6º The user shall deliver to the entity responsible for collecting royalties related to the public performance or exhibition, immediately after the act of communication to the public, a complete list of the works and phonograms used, and shall make it public and freely accessible, together with the amounts paid, on its website or, if there is no such website, at the place of communication and at its headquarters. (As amended by Law No. 12,853, of 2013)
Art. 69. The author, in compliance with local customs, shall notify the impresario of the deadline for the performance or execution, unless otherwise stipulated by convention.
Art. 70. The author has the right to object to a performance or execution that is not sufficiently rehearsed, as well as to supervise it, having, for this purpose, free access during performances or executions, to the place where they take place.
Art. 71. The author of the work may not alter its substance without the agreement of the impresario who has it performed.
Art. 72. The impresario, without the author's permission, may not hand over the work to a person not involved in the performance or execution.
Art. 73. The main performers and orchestra or choir directors, chosen by mutual agreement between the author and the producer, may not be replaced by order of the latter, without the former's consent.
Art. 74. The author of a theatrical work, when authorizing its translation or adaptation, may set a deadline for its use in public performances.
Sole paragraph. After the deadline referred to in this article has expired, the translator or adapter may not oppose the use of another authorized translation or adaptation, unless it is a copy of his own.
Art. 75. Once the performance of a theatrical work made in co-authorship has been authorized, none of the co-authors may revoke the authorization given, causing the suspension of the contractually agreed season.
Art. 76. The portion of the proceeds of the performances reserved for the author and the artists is unattachable.
Chapter III
Use of the Work of Visual Art
Art. 77. Unless otherwise agreed, the author of a work of visual art, upon alienating the object in which it is materialized, transfers the right to exhibit it, but does not transfer to the purchaser the right to reproduce it.
Art. 78. Authorization to reproduce a work of art, by any process, must be in writing and is presumed to be onerous.
Chapter IV
Use of Photographic Works
Art. 79. The author of a photographic work has the right to reproduce it and put it up for sale, subject to the restrictions on the exhibition, reproduction and sale of portraits, and without prejudice to the copyright on the photographed work, if it is a protected work of art.
§ 1º The photograph, when used by third parties, shall legibly indicate the name of its author.
§ 2º The reproduction of a photographic work that is not in absolute harmony with the original is prohibited, unless previously authorized by the author.
Chapter V
Use of Phonograms
Art. 80. When publishing the phonogram, the producer shall mention in each copy:
I - the title of the work included and its author;
II - the name or pseudonym of the performer;
III - the year of publication;
IV - the name or brand that identifies the author.
Chapter VI
Use of the Audiovisual Work
Art. 81. The authorization of the author and the performer of a literary, artistic or scientific work for audiovisual production implies, unless otherwise provided, consent for its economic use.
§ 1º The exclusivity of the authorization depends on an express clause and ceases ten years after the execution of the contract.
§ 2º In each copy of the audiovisual work, the producer shall mention:
I - the title of the audiovisual work;
II - the names or pseudonyms of the director and other co-authors;
III - the title of the adapted work and its author, if applicable;
IV - the performers;
V - the year of publication;
VI - their name or brand that identifies them.
VII - the name of the voice actors. (Included by Law No. 12,091 of 2009)
Art. 82. The audiovisual production contract must establish:
I - the remuneration due by the producer to the co-authors of the work and to the performers, as well as the time, place and form of payment;
II - the deadline for completion of the work;
III - the producer's liability towards the co-authors, performers or artists, in the case of co-production.
Art. 83. The participant in the production of the audiovisual work who temporarily or permanently interrupts his/her performance may not oppose its use in the work or a third party replacing him/her, safeguarding the rights acquired with respect to the part already performed.
Art. 84. If the remuneration of the co-authors of the audiovisual work depends on the income from its economic use, the producer shall account to them on a half-yearly basis, unless another deadline has been agreed upon.
Art. 85. Unless otherwise provided, the co-authors of the audiovisual work may use, in a different genre, the part that constitutes their personal contribution.
Sole paragraph. If the producer does not complete the audiovisual work within the agreed deadline or does not begin its exploitation within two years from its completion, the use referred to in this article shall be free.
Art. 86. The copyrights of musical performances relating to musical, literary-musical works and phonograms included in audiovisual works shall be owed to their holders by those responsible for the places or establishments referred to in § 3 of art. 68 of this Law, which exhibit them, or by the television stations which broadcast them.
Chapter VII
Use of Databases
Art. 87. The holder of the patrimonial right over a database shall have the exclusive right, with respect to the form of expression of the structure of said database, to authorize or prohibit:
I - its total or partial reproduction, by any means or process;
II - its translation, adaptation, rearrangement or any other modification;
III - the distribution of the original or copies of the database or its communication to the public;
IV - the reproduction, distribution or communication to the public of the results of the operations mentioned in item II of this article.
Chapter VIII
Use of the Collective Work
Art. 88. When publishing the collective work, the organizer shall mention in each copy:
I - the title of the work;
II - the list of all participants, in alphabetical order, if no other order has been agreed;
III - the year of publication;
IV - their name or identifying mark.
Sole paragraph. In order to avail themselves of the provisions of § 1 of art. 17, the participant must notify the organizer in writing before submitting their participation.
Title V
Related Rights
Chapter I
Preliminary Provisions
Art. 89. The rules relating to copyright apply, where applicable, to the rights of performers, phonographic producers and broadcasting companies.
Sole paragraph. The protection of the rights provided for in this article by this Law leaves intact and does not affect the guarantees assured to the authors of literary, artistic or scientific works.
Chapter II
Of the Rights of Performing Artists
Art. 90. The performing artist has the exclusive right to authorize or prohibit, for a fee or free of charge:
I - the recording of his/her interpretations or performances;
II - the reproduction, public performance and rental of his/her recorded interpretations or performances;
III - the broadcasting of his/her interpretations or performances, whether recorded or not;
IV - the making available to the public of his/her interpretations or performances, so that any person may have access to them, at the time and place of their individual choice;
V - any other form of use of his/her interpretations or performances.
§ 1º When several artists participate in the interpretation or performance, their rights shall be exercised by the director of the group.
§ 2º The protection of performing artists shall extend to the reproduction of their voice and image, when associated with their performances.
Art. 91. Broadcasting companies may record the interpretation or performance of artists who have authorized them for use in a certain number of broadcasts, and may keep them in a public archive.
Sole paragraph. Subsequent reuse of the recording, in Brazil or abroad, shall only be lawful with the written authorization of the owners of intellectual property included in the program, with additional compensation due to the owners for each new use.
Art. 92. Performers shall have the moral rights to the integrity and authorship of their interpretations, including after the assignment of property rights, without prejudice to the reduction, compression, editing or dubbing of the work in which they have participated, under the responsibility of the producer, who may not distort the artist's interpretation.
Sole paragraph. The death of any participant in an audiovisual work, whether completed or not, does not prevent its exhibition and economic use, nor does it require additional authorization, and the remuneration provided for the deceased, under the terms of the contract and the law, will be paid to the estate or successors.
Chapter III
Of the Rights of Phonographic Producers
Art. 93. The producer of phonograms has the exclusive right, whether paid or free of charge, to authorize or prohibit:
I - direct or indirect reproduction, in whole or in part;
II - distribution by means of sale or rental of copies of the reproduction;
III - communication to the public by means of public performance, including by broadcasting;
IV - (VETOED)
V - any other forms of use, existing or to be invented in the future.
Art. 94. It is up to the phonographic producer to receive from the users referred to in art. 68, and paragraphs, of this Law the pecuniary proceeds resulting from the public performance of phonograms and share them with the artists, in the manner agreed between them or their associations. (Revoked by Law No. 12,853, of 2013)
Art. 95. Broadcasting companies have the exclusive right to authorize or prohibit the retransmission, fixation and reproduction of their broadcasts, as well as communication to the public, by television, in places of collective frequency, without prejudice to the rights of the holders of intellectual property included in the programming.
Chapter V
Duration of Related Rights
Art. 96. The term of protection for related rights is seventy years, counted from January 1 of the year following the fixation, for phonograms; the transmission, for broadcasts by broadcasting companies; and the public performance and representation, for all other cases.
Title VI
Associations of Holders of Copyright and Related Rights
Art. 97. In order to exercise and defend their rights, authors and holders of related rights may associate without the intention of profit.
§ 1º It is forbidden to belong to more than one association for the collective management of rights of the same nature.
§ 2º The holder may transfer, at any time, to another association, and must communicate this fact in writing to the association of origin.
§ 3º Associations headquartered abroad shall be represented in the country by national associations established in the manner provided for in this Law.
§ 1º The associations regulated by this article carry out activities of public interest, as determined by this Law, and must fulfill their social function. (As amended by
Law No. 12,853, of 2013)
§ 2º It is forbidden to belong, simultaneously, to more than one association for the collective management of rights of the same nature. (As amended by Law No. 12,853 of 2013)
§ 3 The holder may transfer, at any time, to another association, and must communicate this fact in writing to the association of origin. (As amended by Law No. 12,853 of 2013)
§ 4 Associations headquartered abroad shall be represented in the country by national associations established in the manner provided for in this Law. (Included by Law No. 12,853 of 2013)
§ 5 Only original holders of copyright or related rights directly affiliated with national associations may vote or be voted for in the associations regulated by this article. (Included by Law No. 12,853 of 2013)
§ 6º Only the original holders of copyright or related rights, whether national or foreign, domiciled in Brazil, directly affiliated with national associations may assume management positions in the associations regulated by this article. (Included by Law No. 12,853 of 2013)
Art. 98. With the act of affiliation, the associations become agents of their members to perform all acts necessary for the judicial or extrajudicial defense of their copyrights, as well as for their collection.
Sole paragraph. The copyright holders may personally perform the acts referred to in this article, upon prior notification to the association to which they are affiliated.
Art. 98. With the act of affiliation, the associations referred to in art. 97 become agents of their members to perform all acts necessary for the judicial or extrajudicial defense of their copyrights, as well as to carry out the collection activity for these rights. (As amended by Law No. 12,853 of 2013)
§ 1º The collection activity mentioned in the caput shall only be lawful for associations that obtain authorization from a Federal Public Administration agency, pursuant to art. 98-A. (Included by Law No. 12,853 of 2013)
§ 2º The associations shall adopt the principles of equality, efficiency and transparency in charging for the use of any work or phonogram. (Included by Law No. 12,853 of 2013)
§ 3º It shall be up to the associations, in the interest of their members, to establish prices for the use of their repertoires, considering reasonableness, good faith and the customs of the place where the works are used. (Included by Law No. 12,853 of 2013)
§ 4º The charge will always be proportional to the degree of use of the works and phonograms by users, considering the importance of public performance in the exercise of their activities, and the particularities of each segment, as provided in the regulations of this Law. (Included by Law No. 12,853 of 2013)
§ 5º Failure to comply with the rule in the previous paragraph will disqualify the offender from serving as an inspector, without prejudice to the applicable civil and criminal sanctions.
Art. 99. The collection and distribution of royalties related to the public performance of musical and literary-musical works and phonograms will be carried out through collective management associations created for this purpose by their owners, which must unify the collection in a single central office for collection and distribution, which will function as a collecting entity with its own legal personality and will comply with §§ 1º to 12 of art. 98 and arts. 98-A, 98-B, 98-C, 99-B, 100, 100-A and 100-B. (As amended by Law No. 12,853 of 2013)
§ 1º The collecting entity organized as provided for in the caput shall not have a profit motive and shall be directed and administered by means of the unitary vote of each association that forms part of it. (As amended by Law No. 12,853 of 2013)
§ 2º The collecting entity and the associations referred to in this Title shall act in and out of court in their own names as procedural substitutes for the holders linked to them. (As amended by Law No. 12,853 of 2013)
§ 3º The collection of any amounts by the collecting entity shall only be made by bank deposit. (As amended by Law No. 12,853 of 2013)
§ 4º The portion allocated for distribution to authors and other rights holders may not, within one year of the date of publication of this Law, be less than 77.5% (seventy-seven and five tenths percent) of the amounts collected, increasing this portion at a rate of 2.5% per year (two and five tenths percent per year), until, within 4 (four) years of the date of publication of this Law, it is not less than 85% (eighty-five percent) of the amounts collected. (As amended by Law No. 12,853 of 2013)
§ 5º The collecting entity may maintain inspectors, who are prohibited from receiving cash from the user for any reason. (As amended by Law No. 12,853 of 2013)
§ 6 Failure to comply with the rule in § 5 will disqualify the offender from serving as an inspector, without prejudice to the communication of the fact to the Public Prosecutor's Office and the application of applicable civil and criminal sanctions. (Included by Law No. 12,853 of 2013)
§ 7 It is the responsibility of the collecting entity and collective management associations to ensure the continuity of the collection and, in the event of loss of qualification by an association, it is the responsibility of said association to cooperate so that the transition between associations is carried out without any harm to the holders, transferring all the information necessary for the process of collection and distribution of rights. (Included by Law No. 12,853 of 2013)
§ 8 Without prejudice to the provisions of § 3 of art. 98, associations must establish and unify the price of their repertoires with the collecting entity for collection purposes, which will act as the agent of the associations that comprise it. (Included by Law No. 12,853, of 2013)
§ 9º The collecting entity will charge the user in a unified manner, and will be responsible for the due distribution of the collection to the associations, in compliance with the provisions of this Law, especially the criteria established in §§ 3º and 4º of art. 98. (Included by Law No. 12,853, of 2013)
Art. 99-A. The collecting entity referred to in the caput of art. 99 must admit into its ranks, in addition to the associations that constituted it, associations of copyright holders that are relevant to its area of activity and are authorized by a Federal Public Administration body in accordance with art. 98-A. (Included by Law No. 12,853 of 2013)
Sole paragraph. Decisions regarding the criteria for distributing the funds collected shall be made by means of a single vote of each association that is part of the collecting entity. (Included by Law No. 12,853 of 2013)
Art. 99-B. The associations referred to in this Title are subject to the competition rules defined in specific legislation that deals with the prevention and repression of infractions against the economic order. (Included by Law No. 12,853 of 2013)
Art. 100. The union or professional association that brings together no less than one third of the members of an author's association may, once a year, after notification, eight days in advance, inspect, through an auditor, the accuracy of the accounts provided to its representatives.
Art. 100. The union or professional association that brings together members of a collective copyright management association may, once a year, at its own expense, after giving 8 (eight) days' notice, inspect, through an independent auditor, the accuracy of the accounts provided by this copyright association to its representatives. (As amended by Law No. 12,853 of 2013)
§ 5º Associations must treat their members equitably, and unequal treatment is prohibited. (Included by Law No. 12,853 of 2013)
Title VII
Penalties for Copyright Violations
Chapter I
Preliminary Provision
Art. 101. The civil penalties set forth in this Chapter shall apply without prejudice to applicable penalties.
Chapter II
Civil Penalties
Art. 102. The owner whose work is fraudulently reproduced, disclosed or used in any way may request the seizure of the reproduced copies or the suspension of the disclosure, without prejudice to applicable compensation.
Art. 103. Whoever publishes a literary, artistic or scientific work without the authorization of the owner shall forfeit to the latter the copies that are seized and shall pay the price of those sold.
Sole paragraph. If the number of copies that constitute the fraudulent edition is unknown, the offender shall pay the value of three thousand copies, in addition to those seized.
Art. 104. Anyone who sells, offers for sale, conceals, acquires, distributes, has in storage or uses a work or phonogram reproduced fraudulently, with the purpose of selling, obtaining gain, advantage, benefit, direct or indirect profit, for themselves or for others, shall be jointly and severally liable with the counterfeiter, under the terms of the preceding articles, with the importer and distributor being held liable as counterfeiters in the event of reproduction abroad.
Art. 105. The transmission and retransmission, by any means or process, and the communication to the public of artistic, literary and scientific works, performances and phonograms, carried out in violation of the rights of their holders, shall be immediately suspended or interrupted by the competent judicial authority, without prejudice to the daily fine for non-compliance and other applicable compensation, regardless of the applicable criminal sanctions; if it is proven that the offender is a repeat offender in violating the rights of holders of copyright and related rights, the amount of the fine may be increased up to double.
Art. 106. The judgment of conviction may order the destruction of all illicit copies, as well as the matrices, molds, negatives and other elements used to commit the civil offense, as well as the loss of machines, equipment and supplies intended for such purpose or, if they serve solely for the illicit purpose, their destruction.
Art. 107. Regardless of the loss of the equipment used, anyone who:
I - alters, suppresses, modifies or renders useless, in any way, technical devices introduced into copies of protected works and productions to prevent or restrict their copying;
II - alters, suppresses or renders useless, in any way, the coded signals intended to restrict communication to the public of protected works, productions or broadcasts or to prevent their copying;
III - suppresses or alters, without authorization, any information on the management of rights;
IV - distribute, import for distribution, broadcast, communicate or make available to the public, without authorization, works, interpretations or performances, copies of interpretations fixed in phonograms and broadcasts, knowing that the information on the management of rights, encoded signals and technical devices have been suppressed or altered without authorization.
Art. 108. Whoever, in the use, by any means, of an intellectual work, fails to indicate or announce, as such, the name, pseudonym or conventional sign of the author and the performer, in addition to being liable for moral damages, is obliged to disclose their identity in the following manner:
I - in the case of a broadcasting company, at the same time as the infringement occurred, for three consecutive days;
II - in the case of a graphic or phonographic publication, by including an erratum in the copies not yet distributed, without prejudice to the communication, with emphasis, three consecutive times in a newspaper of wide circulation, of the homes of the author, the performer and the editor or producer;
III - in the case of another form of use, through the press, in the manner referred to in the previous paragraph.
Art. 109. Public performance carried out in disagreement with articles 68, 97, 98 and 99 of this Law shall subject those responsible to a fine of twenty times the amount that should have been originally paid.
Art. 109-A. Failure to provide or providing false information in compliance with the provisions of § 6 of art. 68 and § 9 of art. 98 shall subject those responsible, by determination of the competent authority and under the terms of the regulations of this Law, to a fine of 10 (ten) to 30% (thirty percent) of the amount that should have been originally paid, without prejudice to losses and damages. (Included by Law No. 12,853, of 2013)
Art. 110. For violation of copyright in public shows and hearings held in the places or establishments referred to in art. 68, their owners, directors, managers, entrepreneurs and lessees shall be jointly liable with the organizers of the shows.
Chapter III
Prescription of the Action
Art. 111. (VETOED)
Title VIII
Final and Transitory Provisions
Art. 112. If a work, as a result of the expiration of the term of protection previously granted to it by § 2 of art. 42 of Law No. 5,988 of December 14, 1973, has fallen into the public domain, its term of protection of patrimonial rights shall not be extended by force of art. 41 of this Law.
Art. 113. Phonograms, books and audiovisual works shall be subject to seals or identification signs under the responsibility of the producer, distributor or importer, at no cost to the consumer, in order to attest to compliance with the legal standards in force, as provided for in the regulation. (Regulation) (Regulation)
Art. 114. This Law shall come into force one hundred and twenty days after its publication.
Art. 115. Arts. 649 to 673 and 1,346 to 1,362 of the Civil Code and Laws No. 4,944 of April 6, 1966; 5,988 of December 14, 1973 are hereby revoked, with the exception of Art. 17 and its §§ 1º and 2º; 6,800, of June 25, 1980; 7,123, of September 12, 1983; 9,045, of May 18, 1995, and other provisions to the contrary, maintaining in force Laws No. 6,533, of May 24, 1978 and 6,615, of December 16, 1978.
Brasília, February 19, 1998; 177th year of Independence and 110th year of the Republic.
FERNANDO HENRIQUE CARDOSO
Francisco Weffort
This text does not replace that published in the DOU of February 20, 1998.