In recent days, one of the most talked-about topics has been the nomination of the film Ainda Estou Aqui (I’m Still Here), directed by Walter Salles, for the Oscars, along with Fernanda Torres’ nomination for Best Actress.
Social media and word of mouth among Brazilians have been key in spreading the news about the film, along with its participation in international festivals. The public’s excitement about the potential award has generated a significant amount of buzz, even before the film’s official release in Brazilian theaters.
Since its premiere in Brazil on November 7, 2024, the film has broken box office records, becoming the fifth-highest-grossing Brazilian production in history. Internationally, the film has also made an impact, surpassing $1 million at the U.S. box office.
About the Film Ainda Estou Aqui (I’m Still Here)
The film is an adaptation of the autobiographical book of the same name by Marcelo Rubens Paiva, a powerful work that delves into family memories and reflections on Brazil’s military dictatorship. The narrative follows the author’s journey, marked by the disappearance of his father, Rubens Paiva (played by Selton Mello), a former congressman who was persecuted and tortured by the military regime, and his relationship with his mother, Eunice Paiva (portrayed by Fernanda Torres), a resilient woman who faced her loss and fought for justice.
With a sensitive and emotionally gripping approach, the film moves between past and present, exploring themes such as politics, love, and resilience.
Protection of Biographical and Autobiographical Works
The protection of biographical and autobiographical works falls under copyright law. In the case of biographies written by third parties, the law safeguards the text and narrative structure but not the historical facts, which belong to the public domain.
In Brazil, there has been much debate over whether prior authorization from the subject or their family is required, especially when the person portrayed has passed away. This issue raises discussions about balancing freedom of expression with the right to privacy.
Since 2015, a ruling by the Brazilian Supreme Federal Court (STF) in the Direct Action of Unconstitutionality (ADI) 4815, has established that prior authorization from the biographed person or their heirs is not required for the publication of biographies, as long as there is no violation of honor, image, or privacy. This decision gave an interpretation in accordance with the Brazilian Federal Constitution to articles 20 and 21 of the Civil Code, in line with the fundamental rights to freedom of expression of intellectual, artistic, scientific and communication activity, regardless of censorship or license of a biographee, in relation to literary or audiovisual biographical works (or those of their relatives, in the case of deceased persons).
However, some restrictions still apply. If the work includes photographs, videos, or other records of the subject’s life, the author may need permission from the image rights holder or their family. Additionally, if a biography contains false, defamatory, or damaging information about the subject’s reputation, they or their family may file lawsuits for moral damages.
Therefore, when addressing controversial or insufficiently documented allegations, specially regarding public figures, it is crucial to proceed with caution, as the author may face legal consequences.
Finally, the copyright, in general rule, for a work remains in effect for 70 years after the author’s death, as established by Law 9.610/98. After this period, the work enters the public domain and can be freely used by third parties.
Do you have questions or want to protect your biography? Contact our specialists via email or WhatsApp to learn more!
References
BRASIL. Lei n.º 9.610, de 19 de fevereiro de 1998. Altera, atualiza e consolida a legislação sobre direitos autorais e dá outras providências. Presidência da República. Available at: https://www.planalto.gov.br/ccivil_03/leis/l9610.htm.
MIGALHAS. Não é necessária autorização prévia para publicação de biografias. Migalhas, 2015. Available at: https://www.migalhas.com.br/quentes/221675/nao-e-necessaria-autorizacao-previa-para-publicacao-de-biografias.
PAIVA, Marcelo Rubens. Ainda estou aqui. 1. ed. São Paulo: Companhia das Letras, 2015.
