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>[26.Apr.11] Copyright
– Copyright on Architectural works
Source: Infomail ABREU, MERKL no. 32
On the last day of former
President Lula’s mandate, Law no. 2.378/2010 was
enacted regulating the practice of architects and town
planners, who are no longer represented by the Councils
of Engineering, Architecture and Agronomy of the States
and the Federal District (CONFEA AND CREAS), being now
under the Councils of Architecture and Urbanism of Brazil
(CAU/BR) and the county where the professional practices.
Said law also regulates legal and trade names of architecture
firms, directly influencing on trademark law.
As regards copyright, the law contains
provisions on the forms of consent for alterations in
projects, the treatment of co-authorship and cases of
death or incapacity. However, it is not clear on the
obligation of authorization for alteration under the
copyright law and the limitation on technical responsibility.
Another controversial point is about the “duty”
of registry before the CAU “for proof of authorship
purposes”, which contradicts the option of registry
provided for in articles 18 and 19 of the Copyright
Law, as well as in international treaties.
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