The Ministry of Culture disclosed its schedule for the further revision of the draft-bill of Copyright Act

As commented here, the Ministry of Culture was going to reveal a plan for further possible comments on the second version of the draft bill of Copyright Act. Well, as an Easter Egg, the plan was revealed last night and, basically, any interested parties will have from April 25th, 2011 until May 30th, 2011, to make their contributions for the enhancement of the bill.

The Ministry further said that the intention is to have the modified draft sent to the Civil House on July 15th.

It is interesting to note that seven points that would need improvement were identified in the Ministry’s press release and they were the following:

1. Limitations on the rights of the Author (Art. 46.47, 48 and 52-D);

2. Uses of the works on the Internet (Arts. 5, 29 and 46 and 105-A, II);

3. Reproduction of literary works (Art. 88-A, 88-B, 99-B);

4. Work made for hire (Art. 52-C);

5. Collective Administration of Copyright (Art. 68 § § 5, 6, 7 and 8; arts.86, 86-A, 98, 98-B, 98-C 0.98-D, 99 § 6, 99-A, 99 and B-100);

6. State supervision of the entities for the collection and distribution of direct (Art. 98 § 2, 98-A, 100-A, 100-B 110-A, 110-C);

7. Unified register of works (Arts. 19, 20, 30, 113-A).

These are certainly not the only points of concern or that need improvement and the release thankfully allows comments in all sections of the bill.

It is clear that Ana de Hollanda, the Minister of Culture, wants to expedite matters a little because she has been under pressure and strong criticism by a large group of the “concerned society” which apparently cannot wait to change a law that is only 13 years old and still full of energy. The “concerned society”, formed mostly by people who want to have access to copyrighted works to do whatever they want without paying, have been hammering the Minister with harsh comments and populist speeches.

One thing is for sure though: despite the tantrums by the “concerned society”, the Minister’s move was the right one. She had to pull the bill from the Civil House in order to have time to orderly analyze it. And, indeed, there is a lot of room for advancements in this bill before it reaches Congress. I will surely be making my comments on the draft bill and urge all content creators and owners to do the same. After all, for all I care, the part of the society who should be concerned is formed by the authors and copyright owners. They are the ones who must have their voices heard before anyone else has a say on how to use someone else’s work without prior authorization and payment.

Stay tuned!

Attilio Gorini


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Filed under Brazilian Copyright Act, Brazilian Copyright Law, Copyright in Brazil, Copyright Law, Entertainment Law Brazil

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