Can a media outlet be held liable for an interviewee’s statement?

In 1995, a print newspaper published an interview with a lawyer who accused a political activist of having carried out a terrorist attack back in 1966. The activist filed a lawsuit against the news company seeking indemnification for moral damages.  The lower court ruled in favor of the offended party, but the decision was overturned […]

Statute of limitations for copyright infringements in Brazil

Brazil’s Copyright Law (“BCL”) does not contain any express provisions concerning statute of limitations. It follows that the general provisions of the Brazilian Civil Code (“BCC”) on limitations shall apply in relation to copyright infringements, and it has been the task of Brazil’s Superior Court of Justice to decide what particular provision of the BCC […]

News content: a battle between producers and distributors

Last August, the Brazilian Superior Court of Justice issued a ruling concerning press clipping services. This case relates to a copyright infringement claim brought by a newspaper against a clipping company that utilized its journalistic content as a basis for crafting customized clippings. The central issues examined by the Court are: (i) whether journalistic works are entitled to protection under copyright law, and if so, (ii) whether clipping services could qualify for any of the exceptions stipulated in […]

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 […]

Partner Simone Lahorgue invited to the Public Hearing on Bill 2370/2019

Our partner Simone Lahorgue has been invited to take part in the Public Hearing on Bill 2370/2019, which aims to update the Brazilian Copyright Law. The event will take place on October 25 in the Congress and will be broadcast online. The access link will be made available a few days before the event. For […]

Third-party interference in talent agreements

The race for hiring highly sought-after talents has persistently existed within the entertainment industry. Frequently, players in this sector attempt to lure talents who are already bound by legal agreements with their competitors by offering more appealing compensation or positions, in some cases, in violation of Brazilian regulations. The Brazilian Civil Code incorporates the rule […]

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. […]

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 […]