Musical parodies do not need to mention the author of the original work, decides STJ
a few days ago the STJ published the result of a judgment promoted by the Court, which discussed the need to mention the author of the original work when making and disseminating a parody, in the light of copyright.
The Superior Court of Justice granted the Special Appeal filed by Rádio e Televisão Bandeirantes (BAND), overturning the judgment of the São Paulo Court of Justice that had sentenced the broadcaster to pay R$ 10 thousand, as moral damages, to the author of music that had a parody of his work aired on the broadcaster's program, without credit being attributed to him as the author of the original work.
The author of the work maintained before the Supreme Court the claim for damages in the allegation of plagiarism of his music, which was not accepted. The understanding of the STJ, unanimously, was in the sense that the broadcasting of parody by the broadcaster does not infringe the copyright of the original creator, since the parody must be considered as an unpublished artistic work, a new intellectual creation that results from the transformation of a work previous. Therefore, the copyright on the parody would belong to its own creator, with no mention of the author of the inspiring work, not even alleging plagiarism.
Parody is a kind of reformulation of the original work, using comic terms or puns. The “new” music is made in a funny or educational tone and, as stated in art. 47 of the Copyright Law (Law No. 9.610/98), are free, as long as it is not a mere reproduction of the original work and does not imply discredit, and there is no need for prior authorization from the author. Typically, parodies use a familiar tune assigned to a new lyric.
The parody cannot, however, be confused with the music version. The broadcasting of a music version, without prior authorization, finds an obstacle in art. 46, item I, item “a”, of the Copyright Law. In the version, few changes are made to the music, taking advantage of a good part of the original work and, therefore, it is necessary to obtain prior and express authorization from the author of the musical work.
STF decides that collective rule that restricts labor law is constitutional. The Court observed, however, that the reduction of rights by Collective Agreements or Conventions must respect the guarantees constitutionally guaranteed to workers. The Federal Supreme Court ruled that Collective Bargaining Agreements or Agreements that limit or suppress labor rights are valid, provided that […]
Companies that file a judicial recovery action and have their activities carried out in leased properties may, in the event of default, face an eviction action, even if the credit is listed in the creditors list. On this topic, there are some very important issues being dealt with in the courts regarding the suspension of the demand and about the resumption of the asset during the period of processing of the judicial reorganization.
On June 27th, Law nº 14. 382/2022 was enacted, whose main objective is the creation of the Electronic System of Public Records (SERP), which aims to unify the systems of notary offices throughout the country, reducing the bureaucracy of the national notary system ( the measure covers the registrations of real estate, titles and civil documents of natural persons and […]
In large-scale contracts, complexity, amounts involved, and time are common causes of conflict between the parties. An effective option to help prevent and resolve these disputes is called a dispute board. This method, unlike mediation, arbitration and conciliation, consists of creating a council of technicians, appointed […]
The restrictive measures adopted worldwide to minimize the spread of Covid-19 have undeniably brought significant impacts to various sectors of the economy. The determination of isolation or quarantine to face the pandemic, the most effective measure to reduce the circulation of the contagious agent, has made the sector of culture and entertainment events […]
In force since May 2, 2022, CVM Resolution No. 80 brings a new notice on corporate demands, regulating the registration and provision of periodic and occasional information from the issuers of securities. Such regulation was the subject of Public Hearing 1/21 and consolidated the content of Instructions No. 367 and 480 […]
Advertising cookies are used to provide visitors with relevant advertisements and marketing campaigns. These cookies track visitors to websites and collect information to deliver personalized advertisements.