(July 1, 2015) On June 22, 2015, Brazilian President Dilma Roussef signed Decree No. 8,469 on the collective management of copyrights. (Dilma Assina Decreto que Regulamenta Direitos Autorias, VEJA (June 23, 2015); Decreto No. 8.469, de 22 de Junho de 2015 [Decree], PLANALTO.) The Decree regulates Law No. 9,610 of February 19, 1998 (Lei No. 9.610, de 19 de Fevereiro de 1998, PLANALTO) and Law No. 12,853 of August 14, 2013 (Lei No. 12.853, de 14 de Agosto de 2013, PLANALTO).
Article 2 of the Decree determines that the activity of copyright collection referred to in article 98 of Law No. 9,610 will only be lawful for associations that obtain their qualifications from the Ministry of Culture, pursuant to the terms of article 98-A of that Law and subject to the Decree’s provisions. (Decree, art. 2.)
According to the Decree, prices for the use of phonograms and other works must be established by associations in general assembly, convened in accordance with their statutory rules, and widely disseminated among their members, considering the reasonableness, good faith, and the customs of the place of use of the works. (Id. art. 6.)
The associations that perform collective management of copyright and related rights must keep a centralized register of all contracts, statements, or any kind of document that proves the authorship and ownership of a work, including performances and phonograms, and a centralized register of individual participation in each work, interpretation, performance, or phonogram. (Id. art. 10.) Associations that carry out collection activities on protected intellectual works of different categories must manage such resources separately. (Id. art. 18.)
The Decree also determines that within 60 days after it enters into force, the Ministry of Culture must create a Standing Committee for the Improvement of Public Management (Comissão Permanente para o Aperfeiçoamento da Gestão Coletiva). The Standing Committee will be advisory in nature; its purpose is to promote the continuous improvement of the collective management of copyrights in the country through the analysis of the results achieved by Brazilian copyright entities, together with the examination of international best practices. (Id. art. 26.)