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ARTICLE · 24 JULY 2015

Fines For Infringement Of Copyrights On Musical Performance

TozziniFreire Advogados
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The ECAD had fined a municipality that promoted a City Hall music festival without previously paying for the corresponding copyrights.

BrazilIntellectual Property
Marcela Waksman Ejnisman
Marcela Waksman Ejnisman
Andreia De Andrade Gomes
Andreia De Andrade Gomes
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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.

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