What is copyright law?

Copyright law is the branch of law that governs rights related to artistic, literary, and scientific works and also covers connected rights, especially those of singers, performing artists, producers of recordings, and broadcasting companies.

What moral and economic rights does an author have?

Authors' rights are divided into moral and economic rights. The author's moral rights -- which are non-transferable and may not be renounced -- are as follows: to claim authorship of the work at any time; to have his or her name, pseudonym or conventional trademark indicated or announced in the exploitation of the work; to conserve an unpublished work; to assure the integrity of the work, preventing alterations or modifications that may harm the work or affect him or her, as the author, in his/her reputation or honor; to modify the work, before or after using it; to withdraw the work from circulation or suspend any form of utilization previously authorized, when circulation or use involves an affront to his or her reputation or image; to have access to a unique and rare copy of the work when this is legitimately in the possession of another person, in order to ensure its conservation. Economic rights, then, consist of the author's right to use, own and dispose of the work, and to be assured economic advantages originating from the exploitation of the work.

What intellectual works may be protected?

Under article 7 of the Copyright Act (law no. 9.610/1998), the works that may be protected are creations of the mind, expressed through any medium, tangible or intangible, such as the texts of literary, artistic, or scientific works; speeches, addresses, or sermons; dramatic and musical dramatic works; works of choreography or pantomime, whose scenic execution is set forth in writing or any other form; musical compositions, with or without lyrics; audiovisual works, including cinematographic works; photographic works; works such as drawings, paintings, engravings, sculptures, lithographs, and kinetic art; illustrations; geographical charts; projects or designs; sketches or visual works related to geography, engineering, topography, architecture, landscaping, set design, and science; adaptations; translations; computer programs; collections, compilations, anthologies, encyclopedias, dictionaries, or databases, etc.

What works may not be protected by copyright law?

Pursuant to Article 8 of the Copyright Act, the following items may not be protected: ideas, normative procedures, systems, methods, projects or mathematical concepts; outlines, plans or rules to conduct mental exercises, games or business; blank forms; texts of treaties or conventions, laws, official orders, regulations, judicial decisions, and other official measures; information in common use such as calendars, diaries, registers, or legends; separate names or titles or the industrial or commercial use of ideas contained in such works.

According to Brazilian Law, are ideas protected by copyright law?

No, copyright law does not protect an idea; however, there is protection for the manifestation of the idea - in other words, its materialization when expressed through any medium.

Must the work be registered to have protection?

No. The work is protected regardless of registration; however the author is allowed to register it, depending on its nature, with the appropriate public agency.

How long does copyright protection last?

There is no period of prescription for authors moral rights. However, the authos economic rights are maintained throughout his or her life and for a further period of seventy years, as of the first day of January of the subsequent year to the authors death. In cases of anonymous or pseudonymous works, or audiovisual or photographic works, the period of protection shall last seventy years, as of the first day of January immediately subsequent to the date of the first publication, for the former, or broadcast, for the latter.The period of protection of the related rights is seventy years, as of the first day of January of the year subsequent to their establishment, for phonograms; as of the first day of January of the year subsequent to their transmission, for emissions by broadcasting companies; or as of the first day of January of the year subsequent to public execution and representation, in other cases.

Also sees

INTELLECTUAL PROPERTY

TRADEMARK

PATENT

INDUSTRIAL DESIGN

COPYRIGHT