Category: Articles

Brazilian legal framework on automated decision-making

Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously made by humans, such as those related to hiring and dismissing employees

Democracy under attack: how it relates to digital platforms’ business model

Fake news – information propagated with the intention to mislead – is a weapon against democracy. Although it is not a novel phenomenon of the 21st century, the constant use of digital platforms, the massive processing of personal data, as well as a crisis of trust in reliable institutions lead to an increased likelihood of […]

Sports Events: Is a two-fold legal protection needed?

Sports events are audience drivers. At a stadium or in front of a shiny screen, people cheer, watch, cry and spend money. These events attract public attention and support an entire business chain, from local bars to international private equity funds. Broadcasting rights are one of the most important and valuable assets in this industry. […]

The use of drones and hidden cameras in investigative journalism: reinforcing democracy or violating privacy rights?

Investigative journalism has an important role in modern democracies. The use of drones and hidden cameras/microphones is inherent to this type of journalism and has disrupted the way news content is produced. Journalistic activity should be transparent by default; however, these so-called “clandestine” or “surreptitious” methods are essential to provide society with public interest information […]

New regulation on the interpretation of commercial contracts – a positive impact on the production of audiovisual works

New legislation on contract interpretation may encourage investments in the production of audiovisual content by helping mitigate risks and addressing uncertainties. These are the so-called Economic Freedom Act (Law No. 13,874/2019) and Law 13,655/2018, which amended the Law of Introduction to the Norms of Brazilian Law – LINDB (Decree-Law No. 4,657/1942). Audiovisual works rely on […]

Investments in Brazilian copyrightable assets: would profits surpass the risks?

While the pandemic has shaken the music industry, suspending live events worldwide for almost two years, music streaming revenues have soared. In this scenario, investments in music royalties have also increased. Private equity funds were attracted by the revenues from the exploitation of copyrights of musical works, particularly with regards to the public performance rights, […]

“Vaza Jato”: The Brazilian Pentagon Papers’ case

The right to information and the freedom of expression, two of the most important principles in a democracy, are still being modeled by courts all over the world. The US Supreme Court settled the boundaries of these rights in 1971 with the landmark case of the Pentagon Papers (New York Times Co. v. United States). […]

Documentaries: a rising market in Brazil

Streaming platforms that already landed in the Brazilian territory might be happy with the opportunity to exploit a huge and rising market. The strategy adopted by most of them was to engage in the production of tailormade content targeted at the local consumers. The result has been the booming of the audiovisual production market in […]

Upcoming changes in Brazil’s gambling regulation: a blue ocean market to invest

Gambling is forbidden in Brazil, except for official lotteries and authorized horse racing. This situation is expected to change in the upcoming months, as old rules have been made more flexible and new bills to ease restrictions are in debate by Congress and Government. A ban on gambling has been in place in Brazil since […]