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IDEC campaign and Brazilian reform of copyright law Guilherme Varela.

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Presentation on theme: "IDEC campaign and Brazilian reform of copyright law Guilherme Varela."— Presentation transcript:

1 IDEC campaign and Brazilian reform of copyright law Guilherme Varela

2 IDEC activity in copyright Access to information is a basic premise for the realization of citizenship, which is a fundamental right for every person. The Internet extends the capabilities of the real environment and shows signs of its actual potential for democratization In this context, there are the rights and demands of the consumer-citizen. On the other hand, there are the laws that regulate the use, circulation and sharing of educational and cultural works, expanding or restricting the range of access to them.

3 Brazilian copyright law The Brazilian copyright has proved itself insufficient and inadequate to handle the new demands that emerge with the technological age. It comes out restrictive, inflexible and less dedicated to the public interest. The reform therefore becomes imperative for the effective access to goods and their proper use.

4 IDEC work IDEC develops projects of civil society to debate the issue and to enable consumer awareness referring to copyright. IDEC has a steady job advocacy and helps to consolidate improvements in the Brazilian law Idec articulates a network to organize seminars and to produce content for the subject.

5 Brazilian Copyright Law Copyright Law N⁰ 9.610, from 1998. key points of the law: – Incompatibility with the new uses of works permitted by new technologies, – the absence of a clause that allows the full use of copyright works for educational and scientific purposes – the incompatibility with the appropriate preservation work of organizations to protect the cultural heritage – insufficient guarantees for access to works in the public domain. – inadequate protection of authors in their relationship with cultural intermediaries

6 The reform process Conducted by the Ministry of Culture since 2007 The draft bill proposing the reform is on the brink of entering public consultation. The goal of Idec is to help ensure the consumer's right to knowledge, culture and information and to assure an effective balance between copyright protection and public interest.

7 Ministry reform proposal Principles: there must be balance between copyright protection and the guarantee of the full exercise of cultural rights and other fundamental rights.

8 Limitations to copyright: are allowed: a) reproduction of works that are legitimately acquired, made in a single copy by the own scribe for private and noncommercial use. b) reproduction of works legitimately acquired for purposes of portability or interoperability c) reproduction of speeches, conferences and classes, the publication being prohibited, d) reproduction and distribution of works to be used by people with disabilities, and reproduction for use in resume or portfolio,

9 Limitations to copyright. Are allowed: e) use of short extracts from works of any kind, or full works in the case of visual arts, f) reproduction of works by museums, libraries, archives, conservation, archiving and preservation; g) display visual and musical performance without gainful intent, being free for educational purposes, cultural diffusion and to stimulate the debate; h) reproduction of the work out of print.

10 Reform proposal Charging for the photocopy Prohibition of the mechanism that enables the artificial bribe of the public performance of works and phonograms Government supervision of copyright management organizations Duties of the collective management bodies Duration of economic rights: the life of the author plus 70 years. Non-voluntary licenses Revision of contracts

11 The Other side Central Office Copyright Collection (Ecad). ABDR (Brazilian Association of Reprographic Rights), ABPD (Brazilian Association of Record Producers), APCM (Association of Film and Music Piracy), Abramus (Brazilian Association of Music and Arts), Ecad (Central Bureau of Collection and Distribution of Copyright) CNCDA (National Committee for Culture and Copyright Law)

12 CNCDA resistance to any change in the law disseminates innocuous "anti-piracy" propaganda. establish a direct relationship between piracy and violence, drug dealing or organized crime. provides broad support for political and ideological repression against the practice of photocopying

13 Main points for the consumer there is no specific clause that allows the copy for educational purposes. Permission for the services of photocopiers law does not allow consumers to take photocopies of books for your own research.

14 Conclusion the Brazilian copyright law is too rigid, banning access, by consumers, to goods for fair use. At the same time, the law does not even contemplate the real need of the authors. An anachronistic situation, in which the law favors neither the public nor the copyright protection. With a direct relation to this situation, the Brazilian reform process of the copyright law gains relevance.


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