Universal Declaration of Human Rights
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.
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)
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
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.
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);
Aspects of Intellectual Property Rights
- TRIPS (Decree No. 1355 of December
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.