WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/BRA/C/2
19 September 2000
(00-3719)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
BRAZIL
The present document reproduces the text1 of Law 9.610, which regulates rights and
obligations related to copyright and related rights, as notified by Brazil under Article 63.2 of the
Agreement (see document IP/N/1/BRA/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
BRÉSIL
Le présent document contient le texte
1 de la Loi 9.610, qui régit les droits et obligations
relatifs au droit d'auteur et aux droits annexes, notifiée par le Brésil au titre de l'article 63:2 de
l'Accord (voir le document IP/N/1/BRA/2).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
BRASIL
En el presente documento se reproduce el texto1 de la Ley 9.610, que regula los derechos y
obligaciones relacionados con el derecho de autor y derechos conexos, notificada por el Brasil en
virtud del párrafo 2 del artículo 63 del Ac uerdo (véase el docu mento IP/N/1/BRA/2).
                                                     
1 In English only. The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/BRA/C/2
Page 2
LAW No. 9.610 OF FEBRUARY 19,  1998
Title I
Introductory Provisions
Art. 1. This Law governs copyright, the term encompassing the rights of authors and
neighboring  rights.
Art. 2.  Foreigners resident outside the c ountry shall enjoy the protection provided for
in the agreements, conventions and treaties in force in Brazil.
Sole Paragraph: The provisions of this Law sh all be applicable to the nationals of and
persons resident in countries that assure Brazilia ns or persons resident in Brazil reciprocity in
the protection of copyright or equivalent rights.
Art. 3. Copyright shall be considered mo vable property for purposes of this Law.
Art. 4. Legal Acts relating to copyright shall be interpreted restrictively.Art. 5.  For the purposes of this Law,        I. “publication” means bringing a literary, artistic or scientific work to the notice
of the public, with the consent of the author or  other copyright owner, in whatever form or
by whatever process;
       II. “transmission” or “emission” means the dissemination of sounds or of sounds
and images by  means of radio waves or satellite signals, by wire, cable or other conductor,
by optical means or by any other electromagnetic process;
      III. “retransmission” means the simultaneous emission of  one organization’s
transmission by another;
      IV. ”distribution”  means making the original or copy of literary, artistic or
scientific works, fixed performances and phonogram s available to the public by sale, rental or
any other  transfer of ownership or possession;
       V. “communication to the public” means the act by which a work is made
accessible to the public by any means or proce ss that does not consist in the distribution of
copies;
      VI. “reproduction” means making one or more copy of a literary, artistic or
scientific work or phonogram in  any tangible form, including any permanent or temporary
storage by electronic means or any other means of  fixation that may be devised in the future;
     VII. “infringement” means unauthorized reproduction;    VIII. “ work”:    (a)  “work of joint authorship” means any work created jointly by two or more
authors;
    (b)  ”anonymous work” means any work that does not name the author,  either
according to his wish or because he is unknown;IP/N/1/BRA/C/2
Page 3
    (c)  “pseudonymous work” means any work whose author conceals his identity
behind an assumed name;
    (d)  “unpublished work” means any work that has not been published;    (e)  “posthumous  work” means an y work published after the author’s death;
    (f)  “original work” means the initial creation;    (g) “derived work” means that which, while constituting a new intellectual creation,
is the result of the transformation of an original work;
    (h) “collective work” means a work created on the initiative, instructions and
responsibility of a natural person, whether natu ral person  or legal entity, who publishes it
under his name or mark, and c onsisting of contribution by two or more authors whose is
merged into a self-contained creation;
    (i) “audiovisual work” means any work resulting from the fixing of images, with or
without sound, whose purpose is to give, through their reproduction, an impression of
movement, regardless of the processes used for capturing them, the medium initially orsubsequently used for fixing them or th e means used for  disseminating the work;
    IX. “phonogram” means  fixing sounds  from a performance or other sounds, or a
representation of sounds other than in the form  of a fixation incorporated in an audiovisual
work;
     X. “publisher” means the person, wh ether  natural person or legal entity, who
granted the exclusive right to reproduce a work   and is under the obligation to disclose it
within the limits set by the publishing contract;
   XI. “producer” means the person, whether natural person or the legal entity, who
takes the initiative and financ ial responsibility for the first fixing of a phonogram or
audiovisual work, regardless of th e nature of the medium used;
  XII. “ broadcasting” means the wire less transmission, including transmission by
satellite, of sounds or images and sounds, or representations thereof, for the purpose of e
reception by the public, and the transmission of encrypted signals where the means ofdecrypting the signals are supplied to the public by the broadcasting organization or with itsconsent;
XIII. “performers” means all actors, singers, musicians, dancers and other persons who
enact, sing, recite, declaim, interpret or otherwise perform literary or artistic works orexpressions of folklore;
Art. 6.  Work that are merely subsidized by  the Union, the State, the Federal District or
the municipalities shall not be in their domain.
Title II
The Intellectual Works
Chapter I
Works Protected
Art. 7. The intellectual works that are pr otected are creations of the mind, whatever
their mode of expression or the medium, tang ible or intangible, known or susceptible of
invention in the future, in which they are fixed, such as:IP/N/1/BRA/C/2
Page 4
         I. the texts of literary, artistic or scientific works;
        II. lectures, addresses, sermons and other works of the same kind;
       III. dramatic and dramatico-musical works;       IV. choreographic and mined works whose stage performance is set down in
writing or otherwise;
        V.  musical compositions with or without words;
                VI. audiovisual work s, with or without accompanying sounds, including
cinematographic works;              VII. photographic works and other works produced by a process analogous tophotography;             VIII. drawings, paintings, engravings, sculptures, lithographs and works of kineticart;               IX.  illustrations, maps and  other works of the same kind;
       X. drafts, mock-ups and thre e-dimensional works relating to geography,
engineering, topography, architecture, park and garden planning, stage scenery and science;               XI.  adaptations, translations  and other transformations of  original works, presented
as a new intellectual creation;              XII.  computer programs;             XIII. collections or compilations , anthologies, encyclopaedias, dictionaries, databases
and other works which, by virtue of the selec tion, coordination or arrangement of the subject
matter, constitute intellectual creations.
      (1)  Computer programs shall be th e subject of specific provi sions, due account being
taken of the provisions of this that are applicable to them.
      (2)   The protection conferred under item XIII shall not extend to the information or
materials itself, and shall be understood to be without prejudice to any copyright in the data
or elements incorporated in the works.
      (3)    In the field of science, protection shall be conferred on the literary or artistic form of
work, but shall not extend to its  scientific or technical conten t, without prejudice however to
the rights accorded to incorporeal  prop erty by virtue of the other provisions.
Art.  8.  The following shall be excluded fr om copyright protection within the meaning
of this Law:
          I.  Ideas, normative proce dures, systems, methods, projects or mathematical
projects or concepts as such;
        II.  diagrams, plans or rule s for performing mental acts, playing games or
conducting business;
        III.  blank  forms intended for co mpletion with all kinds of scientific or other
information, and the instruction appearing thereon;
        IV. the texts of treaties or conventions, laws, decrees, regulations, judicial
decisions and other official enactments;
         V. information in common use such as that contained in calendars, diaries,
registers or legends;
       VI. names and titles in isolation;IP/N/1/BRA/C/2
Page 5
      VII. the industrial or commercial exploitation of the ideas embodied in works.
Art. 9. A copy of  a three-dimensional work made by the creator of the said work shall
enjoy the  same protection as the original.
Art.10. The protection of an intellectual work  shall extend to its title, provided that it is
original and not liable to be confused with that of a work of the same nature discloses  earlier
by another author.
Sole Paragraph.  The titles of periodical publications , including newspapers, shall be
protected for a period of one year from the publication of the last issue, except in the case ofannual publications, in which case the period shall be two years.
Chapter II
Authorship of Intellectual Works
Art.  11 The author of a literary, artistic or scientific work is the natural person who
created it.
Sole Paragraph.  The protection conferred on the author may be conferred on legal
entities in the cases provided for in this Law.
Art. 12  In order to be identified as its author, the creator of a literary, artistic or
scientific work may make use of his civil identity, in complete or shortened form, evenreduced to his initials, or of a pse udonym or any other conventional sign.
Art.  13  In the absence of proof to the contrary, a person who in connection with the
use of an intellectual work has indicated or stated his authorship in the customary manner byone of the means of identification referred to in the foregoing Article shall be considered theauthor of that work.
Art.  14  A person who adapts, translates, ar ranges or orchestrates a work that has
passed into the public domain shall be entitled to copyright; that person may not howeverobject to any other adaptation, arrangement, or chestration or transla tion unless it involves a
copy of his own work.
Art. 15 Joint authorship of a work shall belong to the persons under whose names,
pseudonyms or conventional signs it has been used.
       (1) A person shall not be considered a joint author if he has merely assisted the
author in producing the literary, ar tistic or scientific work by reviewing it or bringing it up to
date or by supervising or directing its pub lication or presentation in whatever form.
       (2) Any joint author whose contribu tion can be used separately shall enjoy all the
faculties inherent in its creation as an individual work, provided that any use liable toprejudice the exploitation of th e whole work is prohibited.IP/N/1/BRA/C/2
Page 6
Art.  16  The joint authors of an audiovisual work shall be the author of the scenario or
literary, musical or dramatico-musical subject matter and the director.
Sole Paragraph.  Those persons who create the drawings used in an animated  cartoons
shall also be considered joint authors of an audiovisual work.
Art.  17 Individual contributions to coll ective works shall benefit from protection.
       (1) Any of the contributors may i nvoke his moral rights to prohibit the mention or
announcement of his name in connection with the collective work without prejudice to this
right to the remuneration specified by contract.
       (2) The economic rights in the collective work as a whole shall belong to the
organizer.
       (3) The contract concluded with the organizer shall specify the contribution by
each participant, the time allowed for the suppl y of making of the said contribution, the
remuneration and any other c ondition of its implementation.
Chapter III
Registration of Intellectual Works
Art.  18  The protection of the rights provi ded for in this Law shall be independent of
registration.
Art.  19  Any author may register his work with the public body defined in the
introduction and in paragraph (1) of Ar ticle 17 of Law No. 5988 of December 14, 1973.
Art.  20  The registration services provided fo r in this Law shall be subject to payment
of a fee, the amount and charging procedures of  which shall be specified by the director of
the Federal body entrusted with the registration of intellectual works.
Art.  21 The registration services provided for in this Law shall be organized according
to the provisions of paragraph (2) of Article 17 of Law No. 5988 of December 14, 1973.
Title III
Authors' Rights
Chapter I
Introductory Provisions
Art.  22  The moral and economic rights in the work shall belong to the author who
created it.
Art.  23   Unless otherwise agreed, the joint authors of an intellectual work shall
exercise their rights by common consent.IP/N/1/BRA/C/2
Page 7
Chapter II
Moral Rights of the Author
Art. . 24  The moral rights of the author are understood to be the right:
I. to claim authorship of the work at any time;
II. to cause his name, pseudonym or conven tional sign to appear or be announced
as that of the author when the work is used;III. to keep the work unpublished;
IV. to ensure the integrity of the work, by objecting to whatsoever modifications
or to any action that may, in any way, to have an adverse effect on the work or to beprejudicial to his reputa tion or honor as author;
V. to amend the work either before or after it has been used;
VI. to withdraw the work from circulation or  to suspend any kind of use that has
already been authorized where the circulation or the use of the work are liable to havean adverse effect on the reputation or image of the author;VII. to have access to the sole or a rare copy of the work that is lawfully in a third
party’s possession with a view to preserving the memory thereof by means of aphotographic or similar or an audiovisual proce ss, in such a way that the least possible
inconvenience is caused to its possessor who shall in any event be indemnified for any
damage or prejudice suffered.
      (1) On the author’s death, the rights referred to under I to IV shall be transferred to
his successors.
      (2) The State shall be under the obligation to defend the integrity and authorship of
a work that has passed into the public domain.
      (3) In the cases referred to in subpara graphs V and VI, third pa rties shall be granted
prior indemnification where appropriate.
Art.  25  The director shall exercise th e moral rights in an audiovisual work.
Art.  26  The author may repudiate the authorsh ip of an architectural work that has been
altered in the course of its execution or  after construction has been completed.
Sole Paragraph.  The owner of the building shall be  liable for any damage done to the
author where, after the above repudiation, the sa id owner attributes the project in question to
the author.
Art.  27. Moral rights of the author  are  inalienable and irrevocable.IP/N/1/BRA/C/2
Page 8
Chapter III
The Economic Rights of  the Authors and Term Thereof
Art.  28.  The author has the exclusive righ t to use his literary, artistic or scientific
work, to derive benefit fro m it and to dispose of it.
Art. 29. The express prior authorization of th e author of a literary, artistic or scientific
work shall be required for any kind of use, such as:
           I. comp lete or par tial reproduction;
          II. publication;         III. adaptation, setting to music or any other transformation;         IV. translation into any language;          V. incorporation in a phonogram or in an audiovisual production;
        VI. distribution where it is not provi ded for in a contract signed by the author with
third parties for the use or exploitation of the work;
      VII.  distribution for the purpose of  offering works or productions by cable, optic
fiber, satellite, electromagnetic waves or any other system enabling the user to select a workor production and receive it at the time and place of his choice, provided that the access to the
works or production is made through any system  requiring payment on the part of the user;
    VIII. the direct or indirect use of the literary, artistic or scientific work in one of the
following forms:
     (a) performance, recitation or declamation;     (b) musical performance;     (c) use of loudspeakers or comparable systems;     (d) radio or television broadcasting;     (e) reception of a radio broadcast in places frequented by the public;     (f) provision of background music;     (g) audiovisual, cinematogr aphic or equivalent presentation;
     (h) use of man-made satellites;     (i) use of optical systems, telephon e or other lines, cables of all kinds and such
comparable means of communication as may be devised in the future;
     (j) exhibition of works of three-dimensional and figurative art;
    IX. incorporation in databases,  storage in a computer, microfilming and any other
means of archiving of that kind;
     X. any other form of use that exists at present or might be devised in the future.
Art. 30. In the exercise of right of repr oduction, the owner of copyright may make the
work available to the public in whatever form and place and for whatever time that he
considers appropriate, either for a consideration or free of charge.
     (1) The exclusive right of repr oduction shall not be applicable where the
reproduction is temporary and done  for the sole purposes of making the work, phonogram or
performance perceptible by means of an electronic medium,  or where it is transitory orincidental, provided that it is done in the course  of the use of the work that has been duly
authorized by the owner.IP/N/1/BRA/C/2
Page 9
     (2) Regardless of the manner of repr oduction, the number of copies made shall be
notified and checked, the person who reproduces the work being responsible for keeping of
such registers as will permit  the author to verify the economic profits derived from
exploitation.
Art. 31. The various forms of use of literary, artistic or scientific  works or  phonograms
shall be mutually independent, and any author ization granted by the author or the producer,
as the case may be, for one such use shall not constitute authorization of any other of  theuses.
Art. 32. Where a work of joint authorship is not divisible, none of the joint authors may
publish it or authorize its publication without the consent of the others, except in a collectionof his complete works, on pain of liability for loss and damages.
       (1) In the event of disagreement, the joint authors shall decide by  majority vote.       (2) Any dissenting joint author shall retain the right not to  contribute to the cost of
publication, on the understanding that he then renounces his share in the proceeds, and also
the right to refuse to be named on the work.
       (3) Each joint author may, indepe ndently and without the consent of  the others,
have the work registered and assert his own rights against third parties.
Art.  33. No one may reproduce a work that is not in  the public domain, on the pretext
of annotating it,  commenting on it or improving it, without the consent of the author.
Sole Paragraph.  The comments or annotations may be published separately.
Art.  34.  Correspondence whose publication is  subject to the consent of the author
may be submitted  as documentary proof in connection with administrative or judicialproceedings.
Art. 35. Where the author has given the work its final form in a process of revision, his
successors may not reproduce the earlier versions.
Art. 36. Unless otherwise agreed, the right to  exploit writings published in the daily or
periodical press, with the exception of signed articles and those containing a reserved rights
notice, shall  belong  to the publisher.
Sole Paragraph.  The authorization to exploit signed articles for the purposes of
publication in the daily and periodical press sha ll lapse on the expiry of a period representing
the publication interval increased by 20 days and calculated as from the publication date, at
the end of which period the author shall recover his right.
Art. 37. Acquisition  of the original or a copy   of a work shall not confer any of the
author’s  economic rights on the acquirer, unl ess otherwise agreed between the parties and
subject the cases provided for in this Law.IP/N/1/BRA/C/2
Page 10
Art. 38. The author has the irrevocable and inalienable right to collect a minimum of
five per cent of any gain in value that may be achieved in each resale of an original work ofart of  manuscript that he has disposed of.
Sole Paragraph.  Where the author does collect his resale royalty at the time of the
resale, the vendor shall be cons idered the depositary of the sum payable to him, except where
the operation has been conducted by an auctioneer , in which case the latter is considered the
depositary.
Art. 39. Unless otherwise provided in the marriage contract, the author’s economic
rights, with the exception of the revenue deri ved from their exploitation, shall remain his
property.
Art. 40.  In the case of an anonymous or  pseudonymous work, the exercise of  the
author’s economic rights shall belong to the person who publishes it.
Sole Paragraph.  Where the author makes is id entity known, he shall assume the
exercise of the economic rights, subject to  any  rights acquired by third parties.
Art. 41.  The author’s  economic rights sh all be protected for a period of 70 years as
from the first of January of the year following his death, subject to observance of the order of
succession under civil law.
Sole Paragraph.  The term of protection referred to   in the introduction to this Article
shall be applicable  to posthumous works.
Art. 42.  Where a literary, artistic  or scientific work of join t authorship is indivisible,
the term of protection provided for in the forego ing Article shall be calculated from the death
of the last surviving joint author.
Sole Paragraph.  The rights of the joint author who dies without heir shall be added to
the rights of the survivors.
Art. 43.  The term of protection of econo mic rights in anonymous or pseudonymous
works shall  be 70 years counted from the first of  January of the year following  that of the
first publication.
Sole Paragraph.  The provisions of Articles 41 a nd its sole paragraph shall be
applicable where the author makes his identity known before the expiry of the period referred
to in the introduction to this Article.
Art. 44.  The economic rights in audiovisual  and photographic works shall be protected
for a period of  70 years from the first of  Ja nuary of the year following that of their
disclosure.
Art. 45.  In addition to the works in resp ect of which the protection of the economic
rights has expired, the following shall pass into the public domain:IP/N/1/BRA/C/2
Page 11
          I. the works of authors  deceased without heir;
         II. the works of unknown authors, subject to the legal protection of ethnic and
traditional lore.
Chapter V
Limitations on Copyright
Art. 46.  The following  shall not constitute violation of copyright:
          I.  the reproduction:        (a) in the daily or periodical press of news or informative articles, from
newspapers or magazines, with a mention of the name of the author, if they are signed, and of
the publications from which they have been taken;
        (b) in newspapers or magazines of  speeches given at public meetings of any kind;
        (c) of portraits or  other fo rms of representation of a likeness, produced on
commission, where the reproduction is done by  the owner of the commissioned subject
matter and the person represented or  his heirs have no objection to it;
        (d) of literary, artistic or scientific works for the exclusive use of the visually
handicapped, provided that the repr oduction is done without gainful intent, either in Braille or
by means of another process using a medium designed for such users.
        II.  the reproduction  in one copy of short extracts from a work for the private  use
of the copier, provided that it is done by him without gainful intent;
       III. the quotation in books, news papers, magazines or any other medium of
communication of passages from a work for the purposes of study, criticism or debate, to theextent justified by the purpose, provided that  the author is named and the source of the
quotation is given;
       IV. notes taken in the course of lessons given in teaching establishments by the
persons for whom they are intended, provided that their complete or partial publication is
prohibited without the express prior authoriz ation of the person who gave the lessons;
        V. the use of literary, artistic or scientific works, phonograms and radio and
television broadcasts in commercial establishments for the sole purpose of demonstration tocustomers, provided that the said establishments market the materials or equipment that makesuch use possible;
      VI. stage and musical performance, wh ere carried out in the family circle or  for
exclusively teaching purposes in educational establishments and where devoid of any profit-making purpose.
     VII. the use of literary, artistic or scientific works to proof in judicial or
administrative proceedings;
    VIII. the reproduction in any work of short extracts from existing works, regardless
of their nature, or of the whole work in the case of a work of three-dimensional art, oncondition that the reproduction is not itself the main subject matter of the new work and does
not jeopardize the normal exploitation of the work reproduced or unjustifiably prejudice the
author’s legitimate interests.
Art.47. Paraphrases and parodi es shall be free where they are not actual reproductions
of the original work and are not in any way derogatory to it.IP/N/1/BRA/C/2
Page 12
Art. 48. Works permanently located in public places may be freely represented by
painting, drawing, photography  and audiovisual processes.
Chapter V
Transfer of Au thors' Rights
Art.  49. Authors' rights may be wholly or pa rtly transferred to third parties or by his
successors, in a universal or individual transfer  effected in person or through representatives
with special powers, by licensing, concession, assignment or any other means recognized by
law, subject to the limitations set forth below:
           I. total transfer shall comprise all the authors' rights with the exception of his
moral rights and rights expressly excluded by the law;
          II. the total and final assignment  of rights may be effected only by contractual
provision;
         III.  in the absence of written contractual provision, the maximum period of
transfer shall be five years;
         IV. unless otherwise specified a ssignment shall be valid only in the country in
which the contract has been signed;
           V. the assignment shall be valid only for the modes of exploitation existing on
the date of the contract;
         VI. in the absence of any menti on of the mode of explo itation, the contract shall
be interpreted restrictively, and understood to be limited to the mode of exploitation that is
indispensable for the fulfillment of the purpose of the contract.
Art.  50.  The total or partial assignment of  the authors' rights, which shall always be
effected in writing, shall be presumed to be for a consideration.
        (1) The assignment may be entered as a marginal note to the registration  referred
to in Article 19 of this Law; or, if the work has not been registered, the instrument ofassignment may be entered in the Re gister of Instruments and Documents.
        (2) The subject matter of the righ ts and the manner of their exercise in terms of
duration, place and price shall cons titute essential elements of th e instrument of assignment.
Art. 51. The term of the assignment of the authors' rights in future works may    not
exceed five years.
Sole Paragraph.   Where the above term is unspecified or in excess of five years it shall
be reduced to that duration, and the remune ration provided for shall where appropriate be
reduced accordingly.
Art. 52. The omission of the name of the author  or of a joint author on the disclosure of
the work shall not constitute a presumption of anonymity or of assignment of the rights of theperson concerned.IP/N/1/BRA/C/2
Page 13
Title IV
Use of Intellectual Works and Phonograms
Chapter I
Publication
Art.  53. Under a publishing contract the pub lisher, by undertaking to reproduce  and
disseminate a literary, artistic or scientific work, acquires the exclusive right to publish  and
exploit it for a period and on conditions agreed with the author.
Sole Paragraph.  The publisher shall mention on each copy of the work:
           I. the title of the work and its author’s name;         II. in the case of a translation, th e original title of the work and the name of the
translator;
        III. the year of the publication;        IV. the name or identifying the publisher.
Art.  54. Under the same contract, the au thor may undertake to create the literary,
artistic or scientific work whose publication and dissemination is incumbent on the publisher.
Art. 55. If the author dies before the wo rk is completed or becomes incapable of
completing it, the publisher may:
          I.  consider the contract termin ated, even if he has received a substantial part of
the work;
         II. publish the work, if it is se lf-contained, against proportional payment of the
remuneration;
       III. have the work completed by another person with the consent of the author’s
successors and subject to the menti on of that fact in the publication.
Sole Paragraph.  Partial publication sha ll be prohibited if the author has stated his
desire that the work be published only co mplete or if his successors so decide.
Art.  56.  the contract shall be presumed to  relate to one edition only, unless expressly
stated otherwise.
Sole Paragraph.  If the contract is silent on the subject, every edition shall be deemed to
consist of 3.000 copies
Art. 57.  The amount of remuneration shall be  set according to custom and practice if
the author has not had it expressly stated in the contract.
Art. 58. Where the originals delivered do not conform to the arrangements made and
the publisher does not refuse them within  a period of 30 days from the date of receipt, thechanges made by the author shall be presumed to have been accepted.
Art.  59. Whatever the contractual conditions  may be, the publisher is obliged to allow
the author to inspect those parts of the acc ount books that concern him, and also to inform
him of the state of progress of the edition.IP/N/1/BRA/C/2
Page 14
Art.  60. The publisher shall be responsible for setting the selling price, but may not so
raise it as to impede the dissemination of the work.
Art.  61. Where the author’s remuneration is  determined by sales of the work, the
publisher shall submit statements to him every month, except where a different frequency hasbeen agreed upon.
Art.  62.  The work shall be published within  two years of the conclusion of the contract
except where a different period has been specified.
Sole Paragraph.  Where the work is not published within the legal or agreed period, the
contract may be rescinded and the publishe r shall be liable for any prejudice caused.
Art.  63.  For as long as the editions with  which the publisher has been entrusted are not
out of print, the author may not dispose of his work, the burden of proof in that case being on
the publisher.
         (1) Throughout the term of the publishing contract, the publisher is entitled to
demand the withdrawal from circulation of any edition of the same work produced by
another.
         (2) An edition shall be deemed out  of print where the number of copies that the
publisher has in stock falls below 10 per cent of  the total number of copies of the edition.
Art. 64.   Only after a year has elapsed si nce the edition was placed on the market may
the publisher remainder the balance of the copies, after having informed the author that,during a period of 30 days, he has priority fo r the acquisition of the said copies at the
remainder price.
Art. 65.  Where an edition is out of print a nd the publisher, having the right to publish it
does not, the author may serve formal notice on him to do so within a certain time, on pain ofbeing deprived of his rights and without prejudice to damages.
Art.  66. The author has the right to make  such corrections and amendments to his
works in successive editions as may seem appropriate to him.
Sole Paragraph.  The publisher may oppose to those modifications which may prejudice
his interests, offend his reputation or increase his liability.
Art. 67.  Where, given the nature of the wo rk, it is necessary to bring it up to date in
new editions, the publisher may, if the author refuses to do so, entrust another person with
doing so, on condition that the fact is mentioned in the edition.IP/N/1/BRA/C/2
Page 15
Chapter II
Communication to the Public
Art. 68. Stage works, musical compositions  with or without word and phonograms may
not be used in public presentations or perform ances without the express prior  authorization
of the author or owner of rights.
        (1) “Public presentation” means the use of stage works in the categories of  drama,
tragedy, comedy, opera, operetta, ballet, mime or any other comparable genre, with orwithout musical accompaniment, with the par ticipation of paid or unpaid performers in
places frequented by the public or by means of  broadcasting or another form of transmission,
or cinematographic presentation.
        (2) “Public performance” mean s the use of musical or dramatic-musical
compositions, with the participa tion of paid or unpaid performers or the use of phonograms
and audiovisual works in places frequented by  the public, by means of any process including
broadcasting or transmission of anothe r kind, or cinematographic presentation.
        (3). The expression “places fre quented by the public” means theaters, cinemas,
dance or concert halls, discothe ques,  bars, clubs or societie s of any kind, stores, commercial
and industrial establishments, sports grounds, ci rcuses, fairs, restaurants, hotels, motels,
nursing homes, hospitals, public entities under dir ect or indirect mana gement and foundation
and State control, means of passengers-carrying land, sea, river or air transport, or any place
in which literary, artistic or scientific works are presented, performed or transmitted.
       (4)  Before any public performance, the show organizer shall submit proof of
payment of the copyright royalties to the central office referred to in Article 99.
       (5) Where remuneration is determin ed by public attendance, the show organizer
may agree with the central office to make the payment after the public performance has takenplace.
       (6) Immediately after the public pe rformance or transmission, the show organizer
shall submit to the central office a full list of the works and phonograms used, including thenames of the authors, performer s and producers in each case.
       (7) Film production companies and broadcasting organizations shall keep at the
disposal of interested parties authentic copies of contracts, arrangements or agreements,whether individual or collective, authorizin g and governing the remuneration for the public
performance of the musical works and phonograms in corporated in their programs or in their
audiovisual works.
Art. 69. The author shall, in accordance w ith local practice, impose a period for the
presentation or performance on the show organi zer unless one has previously stipulated by
agreement.
Art. 70. The author has the right to oppose a pe rformance that has not been  sufficiently
rehearsed, and also to attend the show, for wh ich purpose he shall have free access,  during
the performances, to the  premises in which they take place.
Art. 71.  The author of the work may not a lter the substance thereof without the consent
of the show organizer who causes it to be performed.IP/N/1/BRA/C/2
Page 16
Art. 72. The show organizer may not comm unicate the work to a person having no
connection with the performance without the author’s permission.
Art. 73. The main performers and also the or chestra conductors or choir leaders, having
been selected by common consent by the author  and the producer, may not be replaced by the
latter without the author’s consent.
Art. 74. The author of a stage work who authorizes the translation and adaptation
thereof  may set a time limit for its use in public performance.
Sole Paragraph.  After the expiry of the time limit referred to in this Article, the
translator or adapter may not object to the use of another authorized translation or adaptation,
except where it is a copy of his own work.
Art. 75. Where the performance of a stage wo rk produced as a collaborative venture has
been authorized, none of the joint  authors ma y withdraw his authorization in such a way as
to cause the suspension of the theater run agreed by contract.
Art. 76. The portion of the proceeds from the shows that is reserved for the author and the
performer is unattachable.
Chapter III
Use of a Work of  Three-Dimensional Art
Art. 77.  Unless otherwise agreed, the author  of a work of three-dimensional art, on
disposing of the object in which it is embodied transfers to the acquirer the right to display itbut not to reproduce it.
Art. 78. The authorization to reproduce a wo rk of three-dimensional art by whatever
process shall be set down in writing and presumed to be granted for a consideration.
Chapter IV
Use of the Photographic Work
Art. 79. The author of a photographic work has the right to reproduce it and to offer it
for sale, with due regard to the restrictions a pplicable to the display, reproduction and sale of
portraits, and without prejudice of the author’s rights in the work photographed in the case of
a protected work of three-dimensional art.
      (1) Any photography shall legibly me ntion the name of its author when used by
third parties.
      (2) Any reproduction of a photographic work that is not perfectly true to the
original is prohibited unless previously authorized by the author.IP/N/1/BRA/C/2
Page 17
Chapter V
Uses of  a Phonogram
Art. 80. On publishing a  phonogram, the producer shall mention on each copy:
          I. the title of the work incorpor ated in the phonogram  and the name of its author;
         II. the name or pseudonym of the performer;        III. the year of publication;        IV. the name or identification mark of the producer.
Chapter VI
Use of an Audiovisual Work
Art. 81. The authorization given by the aut hor  and of the performer of a literary,
artistic or scientific work fo r the production of an audiovisual work shall, unless otherwise
provided, constitute authorization for its commercial exploitation.
    (1) The exclusive character of the authorization shall be written into a specific
clause, and shall lapse on the period of 10 year s following the conclusion of the contract.
    (2) The producer shall mention on each copy of the audiovisual work:          I. the title of the audiovisual work;         II. the name or pseudonym  of the director and other joint authors;
        III. the title of the work adapted and the name of its author where appropriate;        IV. the names of the performers;         V. the year of publication;       VI.  the name or identification mark of the producer.
Art. 82.  The audiovisual produ ction contract shall specify:
          I. the remuneration payable by the producer to the joint authors of the work and
to the performers, and also the date, place and manner of payment;
         II. the period allowed for the completion of the work;        III. the responsibility of the producer  towards the joint authors and the  performers
in the case of a joint production.
Art. 83. Any person  participating in th e production of an audiovisual work who
temporarily interrupts or finally disconti nues his contribution may not object to that
contribution being used in the work or to a third party taking his place, without prejudice to
the rights that belong to him in relation to the part already completed.
Art.84. Where the remuneration of the join t authors of an audiovisual work is
determined by the proceeds from its comme rcial exploitation, the producer shall submit
statements to them every six  months, except where different intervals have been agreedupon.
Art. 85.  Unless otherwise provided, the joint authors of an audiovisual work may use
in a different genre the part of the work that constitutes their personal contribution.IP/N/1/BRA/C/2
Page 18
Sole Paragraph.  If the producer does not complete the audiovisual work in the agreed
time or does not start exploiting it within two years of its completion, the use  referred to in
this Article shall be free.
Art. 86. The royalties for musical and dramatico-musical works and phonograms
incorporated in audiovisual works shall be pa yable to the owners of the corresponding rights
by those responsible for the premises or estab lishments referred to in paragraph (3) of Article
68 of this Law who present them, or by the television organizations that broadcast them.
Chapter VII
Use of Databases
Art. 87.  The owner of the economic rights in  a database shall enjoy the exclusive right
to authorize or prohibit the following in relation to the form of expression of the  structure of
that database:
          I.  complete or pa rtial reproduction by any means or process;
         II. translation, adaptati on, rearrangement and any other modification;
        III. distribution of the original or copies of the database, or  communication of the
database to the public;
        IV.  reproduction, distribution or co mmunication to the public of the results of the
operations referred to in item II of this Article.
Chapter VIII
Use of the Collective Work
Art. 88. On the publication of a collective work, the organizer shall mention on each
copy:
          I. the title of the work;         II. the list of all the participants , in alphabetical order, ex cept where another order
has been agreed upon;
        III. the year of publication;        IV. the name or identification mark of the organizer.
Sole Paragraph: A participant wishing to avail himself of the provisions of paragraph
(1) of Article 17 shall advise the organizer  accordingly in writing, by the date on which hesubmits his contribution.
Title V
Neighboring Rights
Chapter  I
Introductory Provisions
Art.  89  The provisions on authors’ rights shall apply, mutatis mutandis , to the rights of
performers, producers of phonograms and broadcasting organizations.IP/N/1/BRA/C/2
Page 19
Sole Paragraph.  The protection under this Law of the rights referred to in this  Article
shall leave intact and in no way affect the guarantees afforded to the authors of literary,artistic or scientific works.
Chapter  II
Rights of Performers
Art. 90. A performer enjoys the exclusive righ t to authorize, for a consideration or free
of charge, or to prohibit:
          I.   the fixing of his performances;         II. the reproduction, public perfor mance and the rental of  his fixed performances;
        III.  the broadcasting of his fixed or unfixed performances;        IV. the making available to the pub lic of his performances in such a way that any
person may have access to them at the time and in the place of that person’s choosing;
         V. any other form of use of his performances;
       (1) When two or more performers take part in a performances, their rights shall be
exercised by the leader of the group.
       (2) The protection of performers shall extend to the repr oduction of their voices
and likenesses where they are associated with their performances.
Art.  91.  Broadcasting organizations may fix the performances of performers who have
authorized such fixations with a view to thei r use in a certain number of broadcasts; fixation
made in that way may be preserved in  public archives.
Sole Paragraph.  The subsequent  re-use of the fixation in Brazil or abroad shall be
lawful only with the written aut horization of the owners of the intellectual property embodied
in the program, and additional re muneration shall be payable to the owners for each new use.
Art.  92. Performers shall enjoy the moral right to the integrity and their authorship of
their performances, including after the assignme nt of the economic rights, provided that the
abridgment, condensing, editing or dubbing of the work in which they have taken part may be
undertaken on the responsibility of the producer, but  must not alter the nature of the
performer’s performance.
Sole Paragraph.   The death of any of the participants in an audiovisual work, whether
completed or not, shall not prevent the presentation and commercial exploitation of the saidwork, and shall not require add itional authorization to be obtai ned; the remuneration accruing
to the deceased under the contract and the law sh all be incorporated in his estate or paid to
this successors.IP/N/1/BRA/C/2
Page 20
Chapter III
Rights of the Phonogram Producers
Art.  93  A phonogram producer has the exclusive right to authorize or prohibit either
for a consideration or free of charge:
            I.  the direct or indi rect, total or partial re production of his phonograms;
          II.   the distribution by sale  or rental of copies of phonograms so reproduced;
         III. the communication of hi s phonograms to the public by public performance,
including broadcasting;
         IV. (VETOED)          V.  any other form of use of  his phonograms that exists at present or might be
devised in the future.
Art.  94 . The phonogram producer shall be responsible for collecting the proceeds from
the public performance of phonograms from the user s referred to in Article 68 of this Law
and for sharing them with the performers in th e manner agreed upon with them or with their
associations.
Chapter IV
Rights of Broadcasting Organizations
Art.  95. Broadcasting organizations shall have the exclusive right to authorize or
prohibit the retransmission, fixation and re production of their broadcasts, and the
communication of those broadcasts to the public by television in places frequented by thesaid public, without prejudice to the rights of the owners of the intellectual property
embodied in the programs.
Chapter V
Term of Protection for Neighboring Rights
Art.  96.  The term of protection of neighbo ring rights shall be 70 years from the first
of January of the year following fixation fo r phonograms, transmission for the broadcasts of
broadcasting organization, and pub lic performance in other cases.
Title VI
Associations of owners of Author ’s rights and Neighboring Rights
Art.  97 Authors and the owners of neig hboring rights may form non-profit-making
associations for the exercise and defense of their rights.
         (1) Membership of more than one association for the collective administration of
rights of the same kind is prohibited.
         (2)  Any owner of copyright or neighboring rights may at any time change
associations, subject to written notification of the facts to the original association.IP/N/1/BRA/C/2
Page 21
         (3)  Associations with headqu arters abroad shall be represented in Brazil by
national associations set up as provided in this Law.
Art.  98.  By the act of affiliation, the memb ers mandate the associations to perform all
such acts as may be necessary for the judicial or extrajudicial defense of their copyright, andfor the collection of royalties
Sole Paragraph.  The owners of copyright may perform the acts referred to in this
Article in person subject to prior notification of the association to which they belong.
Art.  99. The associations shall jointly mainta in a single central office for the collection
and distribution of the royaltie s generated by the public performance of musical works with
or without words and phonograms, including performance by broadcasting and transmission
by any means and by the presentation of audiovisual works.
        (1) The central office organized unde r the provisions of this Article shall not have
any profit-making purpose and shall be directed and managed by the asso ciations of which it
is composed.
        (2) The central office and the associations referred to in this Title shall act in their
own names in court and elsewhere, and shall substitute themselves for their members.
        (3) The central office may only collect funds by means of bank payments.        (4)  The central office may em ploy inspectors, who shall be prohibited from
accepting cash payments from show organizers on whatever ground.
        (5)  Failure to observe the provisi ons of the foregoing subparagraph shall cause the
offender to be disqualified from his position as inspector, without prejudice to such civil and
criminal sanctions as may be applicable.
Art.   100. A trade union or professional asso ciation representing at least one-third of
the members of an author’s association, may, once a year and subject to eight days’ advance
notice, have the accuracy of the statements of account distributed to its members verified by
an auditor.
Title VII
Sanctions for copyright infringement
Chapter  I
Introductory Provision
Art. 101. The civil sanctions provided for in the following Chapter shall be applicable
without prejudice to criminal sanctions.IP/N/1/BRA/C/2
Page 22
Chapter II
Civil Sanctions
Art. 102.  Any owner of rights whose wo rk is fraudulently reproduced, disclosed or
used in any other way may apply for the seizur e of the copies or originals made or the
stoppage of the disclosure, without prejudice to whatever indemnification may be applicable.
Art. 103.  Any person who publishes a literary, artistic or scientific  work without the
authorization of the owner of the copyright shall forfeit to the latter the copies that are seizedand shall pay him the price of those that have been sold.
Sole Paragraph.  Where the number of copies constituting the fraudulent edition is
unknown, the offender shall pay the value of 3,000 copies in addition to the copies seized.
Art. 104. Any person who, for the purposes of sa le or the securing of direct or indirect
gains, advantages or profits for himself or for another, sells, displays for sale, receives and
conceals, acquires, distributes, keeps on depos it or uses a fraudulently reproduced work or
phonogram shall be jointly liable with the infringer  in terms of the foregoing Articles; if the
reproduction has been carried out abroad, the impor ter and the distributor shall answer for the
infringement.
Art. 105.  The transmission and retransmi ssion by any means or process, and the
communication to the public of literary, artistic or scientific works, performances andphonograms, carried out in violation of the ri ghts of the owners shall be immediately
discontinued or interrupted by the competent judi cial authority, without prejudice of a daily
coercive fine for non-observance and such ot her indemnities as may be applicable, and
without regarding to the applicable criminal sanctions. Where the offender is found guilty of
recidivism in the infringement of the rights of ow ners of author’s rights or neighboring rights,
the amount of the fine may be doubled.
Art. 106. The sentence may include the obliga tion to destroy all unlawful copies and
originals, and also the blocks, molds, negatives and other material used to commit theinfringement; and it may provide for the seizur e of machines, equipment and materials used
for the purpose, including their destruction where they can only serve unlawful purposes.
Art. 107.  Without regard to the seizure of the equipment used, any person shall be
liable to damages in an amount not less than th at resulting from application of the provisions
of Article 103 and its sole paragraph who:
            I.  alters, removes, modifies  or in any way disables technical devices that have
been incorporated in copies of protected works and productions to prevent or restrict
reproduction;
          II.  alters, removes or in any way spoils the encrypted signals intended to restrict
the communication to the public of protected wo rks, productions or emissions, or to prevent
the copying thereof.
         III. without authorization remove s or alters any rights management information;
         IV. without authorization di stributes, imports for di stribution, broadcasts,
communicates or makes available to the public works, performances, copies of performances
fixes on phonograms and broadcasts in th e knowledge that the rights managementIP/N/1/BRA/C/2
Page 23
information, the encrypted signals and the tec hnical devices have been removed or altered
without authorization.
Art. 108. Any person who, in the use of an intellectual work by any means, fails to
mention or announce as such the name, pseudonym  or conventional mark of the author and
performer, apart from having to answer for the moral prejudice, shall be bound to disclose
their identity,
            I. in the case of a broadcas ting organization, at the same time as those at which
the infringement was committed, during three consecutive days;
          II.  in the case of a graphic or phonographic publication, by the inclusion of an
erratum  in the copies not yet distributed, without  prejudice to the conspicuous publication of
a notice on three consecutive occasions in a majo r journal at the place of residence of the
author, the performer and the publisher or producer;
         III. in the case of any other form of use, in the press according to the procedure
referred to in the foregoing subparagraph.
Art. 109.  The public performance carried out  in violation of  Articles. 68, 97, 98 and
99 of this Law shall make th e offenders liable to a fine corresponding to 20 times the amount
that should originally have been paid.
Art. 110.  Owners, directors, managers, impresa ri and renters shall be jointly liable with
the organizers of shows for copyright violations committed in the course of shows andrecitals held on the premises or in thei r establishments referred to in Article 68..
Chapter III
Statute-Barring
Art.  111. (VETOED)
Title VIII
Final and Transitional Provisions
Art. 112.  A work that has passed into the public domain on the expiry of the term of
protection provided for in paragraph (2) of Article 42 of Law 5988 of December 14, 1973,
may not be granted an extension of the te rm of protection of the economic rights under
Article 41 of this Law.
Art. 113. Phonograms, books and audiovisual wo rks shall bear a seal or any other
identifying mark, which the producer, distributor or importer shall be responsible for affixing,
without additional cost to the consumer, in order to attest compliance with the legal
provisions in force, as provided in the regulations.
Art. 114.  This Law shall enter into force 120 days after its publication.Art. 115.  Articles 649 to 673 and 1346 to 1362 of the Civil Code and Laws Nos. 4944
of April 6, 1966; 5988 of December 14, 1973 (w ith the exception of Article 17 and itsIP/N/1/BRA/C/2
Page 24
subparagraphs (1) and (2)),  6800 of J une 25, 1980; 7123 of September 12, 1983; 9045 of
May 18, 1995, and any other provision contrary to  this Law are repealed. Laws Nos. 6533 of
May 24, 1978, and 6615 of December 16, 1978, remain in force.
Brasilia, February 19, 1998; 177 of the I ndependence and 110 of the Republic.
FERNANDO HENRIQUE CARDOSO
Francisco Weffort.
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Article 17, §§1 and 2 of Law 5.988 of 14 December 1973To ensure his rights, the author of the intell ectual work may register it, according to its
nature, either in the National Library, or the School of Music, or the School of Fine Arts of
the Federal University of Rio de Janeiro, in the National Film  Institute, or in the Federal
Council for Engineering, Architecture and Agronomy.
§1 If the work is of such nature that needs to be registered in more than one agency, it
shall be registered  at the one having more affinity.
§2 The Executive Power may, at any time and by decree, reorganize the registration
services, granting to all the agencies the faculties referred to in this provision'.
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NOTICE: The English version of this law is pr ovided only as a means of reference. It is
noted that the Portuguese versi on solely constitutes the officia l one, for any use the reader
may intend.
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