Copyright Review Commission Report - ICT Law and Regulation ...

1.1.3. LIST OF ENTITIES VISITED AND THEIR RELEVANCE TO THE PROJECT INTERVIEWSThree entities were selected for benchmarking in May 2011:1. The Intellectual Property Office in the Ministry of Culture (ECAD);2. The Central Office for Collections and Distributions; and3. A director of one of the Collective Management Associations.The interview on ECAD was conducted at the offices of this organisation in Rio de Janeiro with the Superintendent, Ms GloriaBraga. The second interview was conducted with Mr Gustav Gonsalez from ABRAMUS at its premises in Rio de Janeiro. Athird interview was done with the Director of Intellectual Property at her office located in the Ministry of Culture, in Brasilia.Further details were acquired from the Internet and other relevant sources. Due to lack of sufficient time, interviews with arecord company, Prof. Paranagua and two artists had to be cancelled.1.2. SUMMARIES OF KEY LEGISLATION FOR COPYRIGHT AND COLLECTING SOCIETIESAccording to Brazil’s Copyright Law 9610, the protection of an intellectual work includes its title, if original and unmistakable,in the same genre, from that of another author. Exceptions are the following:(i) The ideas, normative procedures, systems, methods, project or mathematics;(ii) Schemes or rules for carrying out mental acts, games or business;(iii) Blank forms to be filled out with any type of information, scientific or not and their instructions;(iv) Texts of agreements or treaties, laws, decrees, regulations, legal decisions and other official acts;(v) Information of everyday use such as calendars, diaries, reference files or sub-titles;(vi) Names and titles; and(vii) Industrial or commercial utilisation of ideas contained in the works.The legislation makes provision for the protection of related or neighbouring rights, including interpretation and artisticperformance (including musical); radio broadcasts; phonographic rights (i.e. the fixation of sounds of a performance orinterpretation); or the representation of sounds, which is not a fixation, included in an audio-visual work.The author is regarded as the individual who creates literary, artistic or scientific work, but the protection given to the authormay be given to legal entities in the cases foreseen in Law 9610. The patrimonial rights can be owned by companies, but themoral rights of the author are inalienable. Record producers and radio stations can be the original copyright owners. Withregard to music, the owners of the author’s rights and related rights are:(i) The composer and the lyricist, who usually pass the administration of their rights to a music publisher;(ii) The arranger, whose rights are usually passed to the record company; and(iii) The interpreter, whose rights usually belong to the record company.In terms of the use of intellectual works, Article 29 of Law 9610/98 establishes that prior authorisation of the author (oranyone controlling his rights) is needed for the usage of an intellectual work in terms of:(i) Its partial or total reproduction;(ii) The edition;(iii) Adaptation, the musical arrangement and any other transformation or translation to any other language;- 120 -