Analysis of the Brazilian regulatory framework for collective management of copyrights on audiovisual works: the absence of collection and distribution of rights related to the works of this nature and possible solutions

• Grant number: 14/10600-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: August 01, 2014
• End date: July 31, 2015
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Rogério Alessandre de Oliveira Castro
• Grantee: Ana Luíza de Faria Canassa
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

This project aims to analyze the regulatory framework for collective management of copyright in Brazil, focusing on the absence of specific regulation of this management for audiovisual works. Regarding the music business, legislative responses have been positive over the years, especially since the creation of ECAD (Central Bureau of Collection and Distribution). The same could not be verified in the context of audiovisual works. Given the complexity involved in the creation of an audiovisual work - which makes even the characterization of their legal status more dificult -, it is necessary a specific discipline to the management of rights pertaining to it, a factor that was not the object of national legislator concern, which may account for the lack of collection and distribution of rights in this area, in the country. The aim of the research is, then, to analyze the current regulatory framework involving audiovisual work, the proposals brought by the Bills n. 4072 and n. 3133, both from 2012 (currently being processed by the Chamber of Deputies), as well as the references to foreigners laws and systems, in order to identify the reasons for the lack of specific regulation for this creative industry and to find possible solutions to this problem.