Rights of authorship - Protection of intellectual work
Rights of authorship are defined by Law nr. 9610, promulgated on February 19th 1998.
The law came out before the boom of internet, so, there are not specific mentions of this new media; however, article 7 and article 29, X, determine that the terms of the law are applicable to "any other means of utilization, already existant or still to be invented".
Below, a brief description of some relevant articles of the law.
Paragraph: This laws is applicable to nationals of or residents in countries which assegurate to Brazilians or residents in Brazil reciprocity in protection to rights of authorship.
Article 7. Constitute intellectual work, and shall be protected by this law, any king of creations of spirit, expressed by any means, tangible or intangible, already known or to be invented, such as:
I - text of literaly, artistic or scientific works
II - speeches, conferences and others of the same nature
III - dramatic and music-dramatic work
IV - coreographic and pantomimic work
V - music compositions, with or withou lyrics
VI - audiovisual work, with or without sound, including cinematographic
VII - photographies, and any other similar
VIII - drawings, paintings, gravures, sculptures, litography and cinetic art
IX - geographical illustrations, charts and others of the same nature
X - designs, sketches and similars concerning geography, engineering, topography, architecture, cenography and science
XI - adaptations, translations and other transformations of original work
XII - the computer programs
XIII - compilations, anthologies, encyclopedias, dictionaries, databases and other works which, in face of the selection, organization or disposition of their contents, constitute a new intellectual creation
Paragraph 1. The computer programs will be subject of specific legislation, observed the articles of this law which are applicable
Paragraph 2. The protection granted by item XIII does not comprehend the contents by themselves
Paragraph 3. In scientific works, the protection will cover literary or artistic works, not the technical or scientific content
Article 8. This law shall not protect the following:
I - mathematic ideas, methods and similars
II - schemes, planning or rules to realize mental acts, games or business
III - blank forms, and the respective filling instructions
IV - the texts of treaties, conventions, laws, decrees, judicial sentences and other official acts
V - information of common use, such as calendars, agendas, etc
VI - names and titles, when by themselves
VII - industrial or commercial use of ideas contained in other works
So, documents produced by the government are not subject to this law.
Some of the moral rights are heired by the successor, but some are not.
Art. 36. Texts published by the press belong to the editors, except when undersigned by the author himself. Notice that Art. 46 (below) puts some limitations to these rights.
Art. 44 - Audiovisual and photographic works are protected also during seventy years, but counted from January 1st of the first year after the publishing of the works.
Art. 45 - If the author has no successors, the work becomes of public domain.
Certain acts do not constitute infraction to rights of authorship. Such is the case, for example (item I, letter a), of "reproduction, in daily or periodic media, of news or informative article, previously published in other daily or periodic media, provided there is identification of the original author and the original publisher"; some articles published at v-brazil.com are covered by this article.
Other acts which are not considered infractions: publishing of public speeches; reproduction of short stretches of work by other authors, if there is no intention of profit; quotations or citations of other work.
Some of the sanctions determined by this law: the author may demand the aprehension of fraudulent copies (art.102); the aprehended issues are lost, and all revenues generated by previous sales revert to the author (if the number of fraudulent issues sold is unknown, the infractor will pay the amount equivalent to three thousand issues - art.103); whoever sells, stocks, distributes or otherwise contributes with the fraud with intention of profiting will be considered solidaire infractor (art.104); removing or altering copyright protection devices (such as seals, stamps, etc) is an infraction punished with the same penalties (art. 107)
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