Brazil has enacted new copyright and software laws which came
into effect on June 19, 1998 and February 20, 1998, respectively.
Major changes in the copyright law include the following:
![]() |
Newsletters and Bulletins / March 1999 / Brazil |
|
Brazil - New Copyright and Software Laws Brazil has enacted new copyright and software laws which came
into effect on June 19, 1998 and February 20, 1998, respectively. Major changes in the copyright law include the following: 1. the term of protection for economic rights under the copyright
law is in general standardized at 70 years from the first of January
next following the author's death or in the case of audiovisual
works 70 years from publication of the work; 2. the payment due to the copyright owner under the droit de suite is reduced to 5% of the sale price; 3. it is made clear that sale of a work itself does not imply sale of the copyright therein; and 4. assignment of copyright is to be presumed to be limited to a five-year period and confined to the country in which the assignment is executed unless there are express provisions to the contrary. The copyright law also establishes that computer software and
databases are copyrightable subject matter but copyright protection
for computer software is subject to the new software law. Under the new software law the formalities previously required before software of foreign origin could be marketed in Brazil have been removed. Additionally, the following features of the law relating to copyright in software are worth noting: Registration of copyright with the Patent Office is possible and
provides evidence of ownership but is not required.
The term of protection is 50 years from the first of January next following publication or, if there is no publication, from the first of January next following creation. In general ownership of copyright in software created by an employee vests in the employer and ownership of copyright that has been commissioned from a supplier vests in the party commissioning the work. Moral rights in computer software are limited to a right to claim authorship and a right to oppose modifications detrimental to the author. Sale, license or transmission of software do not exhaust the copyright owner's right to control further copying. Infringement of copyright in software can give rise to criminal penalties. |
![]() |
[Home] [About Ladas & Parry LLP]
[Contact Us] [Search]
[Trademarks] [Domain Names
& E-Commerce] [Patents & Copyrights]
[Litigation] [IP Rights
Maintenance] [IP as Property] [News
& Bulletins]
© Copyright 1999 Ladas & Parry - Posted 3/28/1999
Please read our disclaimer.