1. The global voice for consumers La voix des Consommateurs à travers le monde La voz global para la defensa de los consumidores

2. Country report for Brazil for CI Regional Meeting on A2K Daniela Batalha Trettel Idec – Instituto Brasileiro de Defesa do Consumidor 30 March 2009

3. Summary of issues of concern to consumers in Brazil Period of protection of copyright exceed the limit of Berne Convention (70 years) Brazilian law does not allow a whole copy of protected materials (CDs, DVDs, books etc.) even for non-commercial purposes. – Example: ripping music form CD to a MP3 player – Permission of copy only in some restrict exceptions: making free copies of part of the piece (private or educational use) – Brazilian law does not define the term part.

4. Summary of issues of concern to consumers in Brazil Difficult to access learning materials Limitation of copy, even for educational purposes – 2006/07: Study of Idec to assess how the current copyright legislation affects access by University students to the basic and supplementary bibliographies for courses – 8 Universities (Economics, Administration and Law; Rio de Janeiro and São Paulo) – Basic bibliography for the 1st year of the courses: on average 32% were not available at the library. – In the law courses, for example, of the 518 requested books, 187 were not found in the respective libraries. Many are out of print and out of circulation.

5. Summary of issues of concern to consumers in Brazil PRICES Average Income of the Population São Paulo – R$ 1.262,20 Rio de Janeiro – R$ 1.096,00 Source: IBGE – Monthly Job Survey - March/07

6. Summary of issues of concern to consumers in Brazil Locks on access – DRM (Digital Rights Management) or TPM (Technological Protection Measures) – Law restricts legal uses of materials protected by copyrights (CDs, DVDs, downloaded music, e-books etc.) – Discussions in Brazil about use of these technology on digital TV signal Piracy and counterfeiting as ways to access knowledge

7. Brazil’s intellectual property regime IP Conventions: – Berne Convention – Berne Appendix – TRIPS Brazilian Copyright Act is a kind of enforced copy of TRIPS No bilateral agreements Brazil is listed in the US 301 Watch List IP alternatives such as open source and Creative Commons licensing are in process of awareness

8. Other communications rights in Brazil Communication in Brazil is free – no monitoring or censure of Internet Government doesn’t filter access Brazil Constitution protects privacy, including data – access only in cases of judicial authorization Brazilian Congress – bill in discussion – crimes on Internet – involves Internet monitoring

9. Other communications rights in Brazil In thesis, governmental information is open (but sometimes access is difficulty) Brazilian government support and adopt free software, specially Culture Ministry On the other hand, there is dissonance between some Brazilian Ministries

10. Access to the Internet in Brazil Brazil population: 183 million of people (IBGE, 2007) International Telecommunication Union (ITU), 2007 Idec research (2008) – www.idec.org.br/telecom : Anatel – National Telecommunication Agency Internet usersBroadband subscribers 21 users per 100 habitants5 per 100 habitants Internet UsersBroadband users 35,2 users per 100 habitants 3,54 per 100 habitants

11. Access to the Internet in Brazil Internet connexions/ residences and social class: Slow and expensive Internet – 63% of residences – until 300 Kbps – 78% of residences – less than 1 mega – Broadband operators don’t provide contracted velocity

12. Conclusions Idec considers that A2K is an important issue to consumers and need to be part of consumers’ protection organizations Consumers in Brazil needs: – improving access to broadband – maintaining internet freedom – necessity of civil regulation (no criminalization of conducts such as P2P) – permission of whole copy even for non-commercial purposes – regarding time, space and format shifting, such as ripping music from CD to an MP3 player – permission of whole copy for educational purposes

13. Conclusions CI contribution – Relationship with International organizations to defend consumers rights and needs – Helping national members to know good practices that exist in other countries and can be implemented in national legislation and public policy

14. Daniela Batalha Trettel Lawyer and Advocacy Advisor Idec – Instituto Brasileiro de Defesa do Consumidor www.idec.org.br