Brazilian Copyright and Software.

Por: Max Gorissen

When international software companies are interested in doing business in Brazil and hire us to make their market assessment, their initial concern is always related to copyright.

So, just for your information, Brazil’s copyright Law (Law no. 9,610) was enacted in 1998, and Brazilian Software Law (Law no. 9,609) was issued in that same year.

Even though these laws are considered modern, as in many countries, they have shown themselves to be weak in discouraging piracy and protecting authors and owners of copyright.

If we focus on the specific Brazilian Software Laws, it clearly protects, for example, databases and software and guarantee protection for copyright and software irrespective of any registration in Brazil or in any countries, although copyright and software registrations are also available and can be made here.

On the other hand, there is a lack of clarity over the authorship of works produced for hire and no definite statute of limitations for court actions to recover damages for infringement, which the specific statute leaves defined by general rules of the Civil Code (and were most of the discussions and difficulties over copyright matters occurs).

In the criminal field, in July 2003 the Brazilian legislature passed a new law which increased the criminal penalties for copyright infringement, complying with demands of authors and titleholders of copyrights that complained about the lack of more severe penalties for infringers. However, to date, these modifications have had no noticeable effect on reducing copyright infringement…

How to cope with that? Well, Brazil is not the worst country when dealing with copyright protection; the same issue exists in every country so, let us start your business in Brazil and help you protect in any possible way and, if it happens, we will deal with it…

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