|
>[06.Jul.11] Copyright
– Copyright royalties on free rodeo events
Source: STJ [Adapted]
The Fourth Panel of the
Superior Court of Justice (STJ) decided that there may
be collected royalties for public musical performances
in rodeo events, even if the event is promoted by City
hall, with no economic profit. With this understanding,
the panel reinstated the decision that condemned the
city of Cesario Lange, in São Paulo, to the payment
of R$ 23.073, corresponding to copyright. The decision
was unanimous.
The Justice who delivered the opinion,
Luis Felipe Salomão, pointed that the prevalent
case law of copyright, prior to the current Law 9.610/1998,
used to emphasize that public performances of musical
works, dramatic or similar, would be free of charge,
as an element of extreme importance to distinguish to
what would be subject of copyright royalties. “Therefore,
under the Law 5.988/1973, the existence of profit revealed
as essential to the incidence of property rights”,
he said.
However, the Justice highlighted
that, with the enactment of the Law 9.610/98, there
were significant changes, including regarding to the
subject of discussion. According to him, the STJ started
to recognize, in its case law, the feasibility of charging
copyright royalties also in cases in which the public
performance of the protected work is not done with profit
purposes.
<
Back
|
