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ARTICLE · 02 JUNE 2017

New Copyright Law Declared Constitutional

Daniel Law
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The Federal Supreme Court recently declared the constitutionality of the new Copyright law (Law 12853/2013), which directly affects the management, collection and distribution of the amounts...

BrazilIntellectual Property
Hannah Fernandes
Hannah Fernandes
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The Federal Supreme Court (STF) recently declared the constitutionality of the new Copyright law (Law 12853/2013), which directly affects the management, collection and distribution of the amounts related to copyright in Brazil.

A new decision regarding the payment of royalties caused the filing of two direct actions seeking the unconstitutionality of the new law (ADI 5062 and ADI 5065), questioning the establishment of a public entity to control the collection of royalties in the musical field. Prior to 2013, a private entity was solely responsible for the collection and the payment of royalties to those entitled to receive the relevant property rights, for the public exhibition or broadcast of music.

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