Copyright: All you need to Know in Brazil

Copyright is a crucial way to protect intellectual property of original works, such as literary, artistic, and scientific creations. With the growth of the creative and digital economy, copyright protection has become even more important for authors, artists, and companies around the world. 

In this guide, we’ll cover everything you need to know about copyright, from its definition to how to register your creations and ensure your legal rights, particularly in Brazil, for those looking to understand the laws surrounding the protection of their works.

What is Copyright?

Copyright is a legal right granted to authors, artists, and creators of original works, allowing them to control the reproduction and distribution of their creations. It provides protection against unauthorized use and ensures the creator has exclusive rights over their work.

Always remember that copyright safeguards the expression of ideas but does not extend protection to ideas themselves, procedures, methods, systems, processes, concepts, principles, or discoveries.

Since Brazil is a member of the Berne Convention, Brazilian law automatically grants copyright protection upon the creation of a work. Creators do not need to register the work to enforce their rights against third parties, as long as they fulfill the legal requirements for protection.

How Does Copyright Work in Brazil?

Law No. 9,610/98, commonly referred to as the “Brazilian Copyright Law” (BCL), establishes in Article 7 that all creations of the human intellect, expressed by any means or fixed on any type of tangible or intangible medium, are protected as intellectual works.

From this legal definition and the scholarly discussions on the subject, two primary conditions emerge for an intellectual work to qualify for protection in Brazil:

• Expression: The work must be externalized in some concrete form; it cannot remain a mere idea.

• Originality: The work must demonstrate originality. This concept has led to varying interpretations:

1. • The objective approach considers a work original if it is novel.
   • The subjective approach views originality as an expression of the author’s individuality or personality.

Brazilian courts have applied differing standards depending on the type of work, but a consistent requirement is that the work must exhibit a minimum level of creativity to qualify for copyright protection in the country.

Types of works protected by Copyright in Brazil

Under the Brazilian Copyright Law (BCL), copyright protection is granted to intellectual works that meet the established legal criteria and are not explicitly excluded. Article 7 of the BCL provides examples of protected works, including:

• Literary, artistic, or scientific works.
• Lectures, speeches, and similar presentations.
• Dramatic works, with or without musical accompaniment.
• Choreographic works and pantomimes, provided their performance can be documented.
• Musical compositions, with or without lyrics.
• Audiovisual works, including films, with or without sound.
• Photographic works and similar productions.
• Works of drawing, painting, sculpture, engraving, lithography, and kinetic arts.
• Illustrations, maps, and similar works.
• Fine art works related to geography, engineering, architecture, landscaping, scenography, or science.
• Adaptations, translations, or other transformations of original works, provided they are presented as new intellectual creations.
• Computer programs.
• Collections, anthologies, encyclopedias, dictionaries, and databases that demonstrate creativity in their selection, organization, or arrangement.

Conversely, Article 8 of the BCL explicitly excludes certain creations from copyright protection, such as:

• Ideas, procedures, systems, methods, or mathematical concepts in their abstract form.
• Rules for mental acts, games, or business practices.
• Blank forms and their instructions.
• Official texts, such as laws, court decisions, and regulations.
• Commonly used information, like calendars, agendas, and captions.
• Isolated names and titles.
• The industrial or commercial application of ideas derived from protected works.

This legal framework ensures a balance between fostering creativity and setting clear boundaries for copyright protection in Brazil.

Droit d’Auteur vs. Copyright: What is the difference? 

Copyright law safeguards intellectual, artistic, and scientific creations by focusing on their creative and aesthetic aspects rather than their utility. Brazil and the United States apply distinct legal frameworks for copyright protection, each tailored to specific cultural and legal traditions.

Brazil’s Droit d’Auteur (Authors’ rights) emphasizes the author’s personal connection to their work, offering moral rights (e.g., authorship credit and withdrawal from circulation) alongside property rights for economic use.

Conversely, the U.S. Copyright System focuses on the economic exploitation of works, where creators typically hold property-based rights that are often tied to commercial value.

Key Differences

Registration

• Brazil: No formal registration is required for protection. Works are safeguarded upon creation if they meet originality and novelty standards.
• U.S.: Registration with the U.S. Copyright Office is essential for enforcing rights in court.

Authorship

• Brazil: considers only natural persons as authors, even for commissioned works
• U.S.: includes “works made for hire,” recognizing employers or commissioners as authors under certain conditions.

Protection Term
Both countries offer 70 years of protection post-author’s death, with unique exceptions.

Why should I register my work?

In Brazil, copyright protection is automatic upon the creation of a work, but the legal system also provides a registration process for added security. While not mandatory, copyright registration offers significant advantages, particularly in establishing strong evidence of ownership.

In copyright disputes or infringement cases, the primary challenge often lies in proving authorship and the creation date. A formal copyright registration, issued by a recognized public office, serves as prima facie evidence of the author’s ownership and the validity of the work. 

This legal recognition can simplify enforcement actions and strengthen claims in court, making registration a valuable tool for creators.

How to Register Copyright in Brazil?

In Brazil, the registration process varies depending on the type of work. Each organization has its own procedures and associated costs, which may include fees for application processing and documentation.

Brazilian copyright law allows individuals to register intellectual works with the appropriate agency based on their category and nature, ensuring a stronger correlation between the type of work and the registering body.

The following outlines the competent organizations for specific types of works:

• Literary and Related Works: Register with the National Library, which oversees the protection of literary creations such as books, articles, and other textual works.
• Song Lyrics and Sheet Music: Submit to the Music School at the Federal University of Rio de Janeiro (UFRJ), responsible for preserving and recognizing musical compositions and lyrics.
• Visual Arts (Drawings, Paintings, Sculptures, etc.): The School of Fine Arts at UFRJ registers works such as jewel designs, characters, logos, photographs, sculptures, and paintings.
• Audiovisual Works: The National Film Agency (Ancine) registers audiovisual works, including films, documentaries, and other cinematic creations, ensuring appropriate protection.
• Technical and Scientific Visual Representations: The Federal Council of Engineering and Agronomy (CONFEA) registers technical and scientific visual representations, such as studies, sketches, and projects related to agronomy, engineering, and meteorology.
• Software: Computer programs fall under the purview of the National Institute of Industrial Property (INPI), which specializes in intellectual property registration.
• Architectural and Urbanistic Works: The Council of Architecture and Urbanism of Brazil (CAU/BR) registers architectural designs and urban planning projects.

This structured approach to registration allows agencies best equipped to understand the specific nature and context of intellectual works to manage and protect them.

How to Avoid Copyright Infringement?

Brazil addresses copyright infringement through both civil and criminal frameworks, considering unauthorized use of protected works a serious violation under Section 29 of the Copyright Act.

Infringement includes reproduction, distribution, or use of works without the author’s consent. Secondary liability also applies to individuals or entities who sell, distribute, or stock illegally reproduced works for profit, including importers and distributors of infringing copies from abroad.

Remedies for infringement include filing court actions for monetary damages and obtaining preliminary injunctions to cease ongoing violations. Section 102 allows for the seizure of unauthorized copies and the halting of further dissemination. 

While cease-and-desist letters are not mandatory, they remain a practical tool for resolving disputes before litigation. Monetary damages are addressed under Section 103, where infringers may forfeit unauthorized copies and pay compensation. 

In cases where the number of infringing copies is unknown, the law mandates compensation equivalent to 3,000 copies.

Criminal liability under Section 184 of the Criminal Code includes unauthorized reproduction, distribution, or offering of works for profit. Such actions are treated as serious offenses, reflecting the law’s commitment to protecting intellectual property.

Online copyright infringement remains a challenging area due to limited legislative provisions. While no specific laws exist, agreements with internet service providers and search engines are increasingly used to prevent illegal dissemination. 

Public education campaigns and law enforcement measures also play a role in curbing violations.

Why is it important to have a Specialized Lawyer?

Navigating copyright matters in Brazil requires a deep understanding of the country’s complex legal framework, which integrates civil and criminal remedies and addresses diverse forms of intellectual property violations. 

For foreigners, the challenges are even greater due to linguistic barriers, unfamiliarity with local procedures, and cultural nuances that impact the interpretation and enforcement of laws.

Having a specialized lawyer is essential to ensure proper compliance and protection of rights. 

Copyright professionals possess the expertise to interpret the nuances of Brazilian copyright laws, such as the distinction between moral and economic rights, and can identify the best strategies for registration, enforcement, and dispute resolution. 

A specialized lawyer can also guide foreign clients through procedural specifics, including working with local agencies like the National Library or the National Institute of Industrial Property for copyright registration.

Moreover, in cases of infringement, an experienced copyright attorney is critical for determining the appropriate legal recourse, whether through civil claims, criminal prosecution, or negotiation of out-of-court settlements. 

These professionals know the requirements for proving authorship and infringement, ensuring that they adequately defend and enforce their clients’ rights.

Ultimately, a specialized lawyer not only protects clients’ intellectual property but also provides the confidence needed to operate in a foreign legal environment. 

For foreigners dealing with Brazilian laws, legal expertise proves invaluable in navigating the system’s complexities while safeguarding their creative works and upholding their rights.

Contact Us!

If you’re dealing with copyright matters, don’t navigate the complexities alone. Contact Martin Law Firm today for professional and personalized legal assistance tailored to your specific needs.

Protect your intellectual property with confidence:

Phone:

• +1 (661) 336-9606
• +55 (31) 3223-6588

Email: mark@martinlaw.com.br

FAQs: Frequently Asked Questions About Copyright

What is copyright? 

Copyright protects original works of authorship, such as books, music, and works of art, allowing the creator to control how others use the work.

Do I need to register my copyright? 

Registration is not mandatory, but it provides additional protection and makes it easier to prove authorship in case of a legal dispute over the work.

How can I protect my creations in Brazil? 

In Brazil, you can register your works with the National Library to ensure legal protection and prove authorship, although copyright exists even without registration.

Can I protect my work outside of Brazil? 

Yes, agreements like the Berne Convention internationally protect copyright, but registering in each country can provide stronger protection.

What are the penalties for copyright infringement? 

Copyright infringement can result in legal penalties, including fines and even imprisonment, depending on the severity of the violation.