Partner Simone Lahorgue takes part in Supreme Court public hearing on the future of copyright in the digital era

The future of copyright in the digital era was discussed in the historic hearing, which stems from a lawsuit filed by Roberto Carlos and the heirs of Erasmo Carlos, against their music publishing company.

The plaintiffs are seeking to revise contracts that were signed decades ago – long before the internet era. In this case,  the question is how license agreements signed in the analogical era (LPs, CDs) should be interpreted in today’s boundless world of digital streaming.

The Supreme Court has designated the case as having “general repercussion” (Theme 1.403). This means that the final decision will not only affect the artists involved but will set a landmark precedent for Brazil’s entire music and creative industry, redefining the relationships among artists, publishers, and digital platforms.

Partner Simone Lahorgue took part at the public hearing held by the Brazilian Supreme Court on 27 October.

According to Simone Lahorgue, the Brazilian Copyright Law is solid and well-suited to address this matter. The problems related to artists’ compensation do not stem from legal flaws, but from contractual drafting loopholes, which could be mitigated through the application of general principles of contract law.

Simone also highlighted that Brazil asserts itself on the international stage by exporting content protected by intellectual property, ranging from musical works to audiovisual productions and visual arts. In this regard, she emphasized the importance of recognizing this phenomenon as a guarantee of the country’s cultural sovereignty, which is just as vital as the country’s economic sovereignty.