Unauthorized Biographies in Brazil
Based on the principles of freedom of expression and right to information, the Brazilian Federal Supreme Court (STF) recently decided that authors of biographies do not need to obtain prior authorization from the persons portrayed by them.
The Brazilian National Congress is currently analyzing a bill of law introduced in 2014 that deals with the same subject. It proposes an amendment to the Brazilian Civil Code, turning into law the STF’s decision. According to the bill, the publication of images, writings and biographic information will be allowed without previous authorization if they refer to public figures or people involved in matters of general interest.
Fines for infringement of copyrights on musical performance
The Brazilian Superior Court of Justice (STJ) decided that the Central Office of Collection and Distribution (Escritório Central de Arrecadação e Distribuição – ECAD), which is responsible for enforcing copyrights on musical performance, cannot impose fines that are not established in a specific legal decree.
The ECAD had fined a municipality that promoted a City Hall music festival without previously paying for the corresponding copyrights. The fine, however, was based on internal rulings from the ECAD. The STJ determined that, although the municipality´s conduct was unlawful, the ECAD will only be allowed to impose such a fine after the enactment of a specific legal decree for this purpose.
Marcela W. Ejnisman | Andreia de Andrade Gomes |