News

Newsletter

Courts in Rio establish criteria for the collection of copyright royalties on the internet

Currently, there is a relevant discussion on what may be considered as public performance, particularly with relation to streaming activities. While there is a pending case before the Superior Court of Justice (Special Appeal REsp 1.559.264) where it is discussed whether streaming services may be classified as public performances, the lower Courts are already having their saying in this matter.
 
In a lawsuit filed by Google against ECAD (the Central Office in charge of collecting royalties for musical public performances) and UBEM (an association of music editors), the 7th Business Trial Court of Rio de Janeiro has handed down a decision by which only livestreaming was considered to be a public performance, reason why Google has to pay royalties only for this category of streaming.
 
Moreover, as the parties disagree on the amounts to be payed as royalty fees, the Court also established that Google has to pay in favour of ECAD the equivalent of 1,075% of its revenue with advertisement in livestreaming. With regard to UBEM, the Court determined the percentage of 3,775% of Google's revenue with advertisement in livestreaming.
 
More than just fixing royalty fees, the decision has also underlined the duty of transparency in royalty collection by ordering Google, ECAD and UBEM to mutually exchange information on their respective collections of works in order to avoid double payment. Although the final decision on this matter is yet to be rendered by the Superior Court of Justice, this decision is another important precedent in favour of streaming services.
 
We shall keep you informed about the next updates of this subject. In case you need further information on this topic, our legal and technical teams are at your disposal in our offices of Rio de Janeiro, São Paulo and Porto Alegre, as well as the email mail@kasznarleonardos.com.
Back

Last related news

November 22, 2021

Kasznar Leonardos receives ISO 9001 certification of quality

The ISO 9001 standard recognizes operational efficiency, focusing specifically on excellent customer service and continual process improvement. Our firm has received ISO Kasznar Leonardos receives ISO 9001 certification of quality

  • Kasznar Leonardos
  • Ler notícia

    November 12, 2021

    BPTO recognizes the Right of Precedence as an argument for filing Administrative Nullities

    By Flávia Tremura and Isabella Faccioli From November 2021 the BPTO will start to accept the right of precedence of the trademark BPTO recognizes the Right of Precedence as an argument for filing Administrative Nullities

  • Kasznar Leonardos
  • Ler notícia

    September 3, 2021

    The Covid-19 pandemic triggered the issuance of new compulsory license rules for patents in Brazil

    On Sept. 2nd, 2021, Law No 14,200 was enacted to amend the Brazilian Patent & Trademark Act (BPTA) in order to change The Covid-19 pandemic triggered the issuance of new compulsory license rules for patents in Brazil

    Ler notícia