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B r a z i l 16. COPYRIGHT
IN NEWSPAPERS This is provided for in Law Nș 9,610/98. Article 36 states,
The copyright of articles published by the daily or periodical press,
with the exception of bylined pieces or those that are shown to
be reserved, shall belong to the publisher unless agreed otherwise. Sole paragraph: assignment of copyright of bylined articles
for publication in newspapers and periodicals shall not have effect
after 20 days from date of publication, at which time the author
shall recover his copyright. Article 46 of this law, under title III chapter IV, on Limitations
on Copyright states the following: Not amounting to breach of copyright
are: I. the reproduction: a) in the daily or periodical press of the news item or feature
previously published in a newspaper or periodical, indicating the
name of the author and of the publication from which it is reproduced; b) in newspapers or periodicals of speeches made at public
meetings of any kind; c) of a picture or other form of graphical representation on
the instructions of the person owning it, so long as there is no
opposition from the person depicted therein or his heirs; d) of literary, artistic or scientific works for the exclusive
use by the vision impaired, provided that the not-for-profit reproduction
is made in Braille or other system for the blind; II. the reproduction
of one copy in abbreviated form for the private use of the person
copying it not for personal gain; III. the quotation in
a book, newspaper or magazine or any other communication medium
of passages from any work for purposes of study, critique or discussion
to the extent required for such purposes, indicating the name of
the author and the origin of the work. Article 91: Broadcast companies may air interpretations of
or performances by artists who have permitted such use in a determined
number of broadcasts, they being required to be kept in a public
file. Sole paragraph: subsequent use of the broadcast domestically
or abroad shall be lawful only with the written authorization of
the owners of the copyright of the matter included in the broadcast,
against additional payment to them for each new use. Article 92: Performers retain a moral right to the integrity
and ownership of their interpretations, including after cessation
of inherited rights, without prejudice to the reduction, compression,
editing or dubbing of the work in which they have participated,
under the responsibility of the producer, who may not alter the
interpretation of the artist. Article 95, which comprises Chapter IV on The Rights of Broadcast
Companies, stipulates that, Broadcast companies shall have the exclusive
right to authorize or prohibit the rebroadcast, programming and
reproduction of its broadcasts, be they as a communication to the
public by CATV, without prejudice to the rights of the owners of
the intellectual property included in the programming. Article 108 of Law Nș 9610/98, title VI chapter II states,
Anyone using by any means intellectual work and failing to indicate
or announce, as the case may be, the name, pseudonym or common mark
of the author and performer shall, in addition to being liable for
punitive damages, be required to make the identification in the
following form: I. in the case of a
broadcast station, in the same time-slot in which the offense occurred,
for three consecutive days.
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