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

1.4. COLLECTING ASSOCIATIONS IN BRAZIL1.4.1. HISTORY OF COLLECTIVE MANAGEMENT ASSOCIATIONSBetween 1942 and 1967 there was a proliferation of collective management associations in Brazil. The Associacao Brasileirade Compositores e Editores (ABCA), for composers, was established in 1938, and the UNIAO Brasiliera de Compositores(UBC) in 1942. Another association of authors, composers and music editors (SBACEM) arose from a dispute betweenpublishers and composers in 1946. This was followed by the Sociedade Arrecadadore de Direitos de Execucao Musical noBrasil (SADEMBRA) in 1956, and SICAM (Sociedade Independente Compositores e authores Masicais) in 1966. In 1966,SBAT UBC, SADEMBRA and SBACEM created the SERCICO de Defesa do Direito Autoral (SDDA), a central body tocontrol distribution for these four associations. SICAM refused to participate. In 1967, the Sociedada de Interpretes eProdutores de Fonograma (SOCINPRO) was set up to include the rights of the record companies and producers. It isassumed that it was this proliferation of collecting associations that the legislation was meant to address in 1973.1.4.2. TWO-TIER COLLECTING AND DISTRIBUTION SYSTEMECAD was created in 1973 by Law 5988 as an ‘association of associations’ that united all of the associations under thisprivate enterprise to collect and distribute public performance royalties. It began its activities in 1977 with the followingassociations:1. ABRAC,2. ABRAMUS,3. ACIMBRA,4. AMAR,5. ANACIM,6. ASSIM,7. ATIDA SABEM,8. SABEMBRA,9. SBACEM,10. SICAM,11. SOCINPRO, and12. UBC.The top six were UBC, ABRAMUS, AMAR, SOCINPRO, SICAM and SBACEM. All associations distribute to their members(and to foreign associations) the amounts gathered for them by ECAD – or sent to them by foreign associations.At present, ECAD has its existence guaranteed according to Article 99 of Law 9610, which states:The associations shall keep a single central office for collection and distribution, in common, of rights related to the public performance ofmusical works and phonograms, even by means of broadcast in any modality, and from the exhibition of audio visual works (AnnualReport, 2009/ABRAMUS p.15).- 123 -