Brazil:
Fines For Infringement Of Copyrights On Musical Performance
24 July 2015
TozziniFreire Advogados
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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.
The content of this article is intended to provide a general
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about your specific circumstances.
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