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Legislation
Legislation
Universal Declaration of Human Rights
 
 
1.    Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
 
 
2.    Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. 
 
                     (Universal Declaration of Human Rights, Article 27)
 
 
 
Authors’ rights are regulated by several legal norms: the Federal Constitution, the Copyright Law and international treaties, with the aim of protecting the relationship between creators and users of literary, artistic or scientific works, such as books, paintings, sculptures, music, illustration, photographs and so on.
 
At present, authors´ rights related to the musical public performance of works are under the responsibility of the Ecad, and governed by Federal Law No. 9610/98, that enhances and confirms the rights of creators and the obligations of those who use protected musical works.
 
Brazil has adhered to several treaties and international conventions representing the commitment of the country within the international community, to respect and protect copyrights of different intellectual works.
 
Among the main international norms the following  are highlights:
 
- Berne Convention (Decree No. 75699, of December 6, 1975;
 
- Rome Convention (Decree No. 57125 of October 19, 1965);
 
- Trade-Related Aspects of Intellectual Property Rights  - TRIPS (Decree No. 1355 of December    30, 1994).
 
Failure to pay copyrights is an infringement against the law and the infringer is subject to court prosecution for unauthorized use of musical works, and subject to the criminal and civil penalties applicable, as per the provisions of Article 184 of the Brazilian Criminal Code and Articles 105 and 109 of Federal Law No. 9610/98. Cases are brought to the consideration of the Courts and judges may decide on the payment of a fine equivalent to 20 times de value of the original debt.
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