In FAQ

1) What is copyright?

Copyright is the branch of law that disciplines the rights relating to artistic, literary and scientific works, as well as rights related to authors, such as the rights of interpreters, performers, phonogram producers and broadcasters.


 

2) What are copyright and moral rights?

Copyright is divided into moral and patrimonial rights.

The author’s moral rights are the rights to: claim, at any time, the authorship of the work; have your name, pseudonym or conventional sign indicated or announced in the exploration of the work; preserve the unpublished work; ensure the integrity of the work, preventing changes or modifications that could harm the work or affect it, as an author, in its reputation or honor; modify the work, before or after using it; withdraw the work from circulation or suspend any form of use already authorized, when circulation or use implies an affront to its reputation or image; have access to a unique and rare copy of the work when it is legitimately in the hands of others, to ensure its preservation. These rights are inalienable and cannot be renounced

In turn, the author’s property rights include the rights to: use, enjoy and dispose of the work, with economic advantages arising from the exploitation of the work being ensured.


 

3) What is the term of protection of Copyright?

As a general rule, the author’s patrimonial rights accompany the author’s life and last for seventy years, counted from January 1st of the year following that of his death.

However, in the case of anonymous or pseudonymous works, as well as in the case of audiovisual and photographic works, the term of protection will be seventy years, counted from January 1 of the year immediately following that of the first publication or disclosure.

For related author rights, the term of protection is seventy years, counting from January 1st of the year following the fixation, for phonograms; transmission, for broadcasters’ broadcasts; and public execution and representation, for other cases.

The moral rights of the author are imprescriptible.


 

4) What are the protected intellectual works?

According to the Copyright Law, creations expressed by any means or fixed on any medium, tangible or intangible, such as the texts of literary, artistic or scientific works, are protected by copyright; conferences, speeches, sermons; dramatic and dramatic musical works; choreographic and pantomimic works, whose scenic execution is fixed in writing or in any other way; musical compositions, whether or not they have lyrics; audiovisual works, including cinematographic works; photographic works; the works of drawings, painting, engraving, sculpture, lithography and kinetic art; illustrations, geographic maps; projects, sketches and plastic works related to geography, engineering, topography, architecture, landscaping, scenography and science; adaptations, translations; computer programs; collections or compilations, anthologies, encyclopedias, dictionaries, databases, etc.


 

5) Which works are not protected by Copyright?

Mathematical ideas, normative procedures, systems, methods, projects or mathematical concepts are not protected by copyright; the schemes, plans or rules for carrying out mental acts, games or business; blank forms; the texts of treaties or conventions, laws, decrees, regulations, judicial decisions and other official acts; information in common use such as calendars, agendas, entries or captions; the isolated names and titles and the industrial or commercial use of ideas contained in the works.

 


 

6) Is it necessary to register the work in order to have copyright protection?

Registration is not necessary, as protection arises with the creation of the work. Thus, intellectual works are protected regardless of any registration. However, it is recommended that they be registered, to facilitate the defense of copyright in the event of reproduction or plagiarism.

The place where the works are registered depends on their nature and can be done at the National School of Fine Arts (artistic works); National Library (literary works); INPI (computer programs); National School of Music (musical works); ANCINE (audiovisual works / films); and Regional Council for Engineering and Architecture (architectural and urban works).

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