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Bill includes performers as beneficiary of the Brazilian Copyright Law

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By Gustavo Lima

The Brazilian House of Representatives is currently analyzing a bill that includes performers such as actors, voice actors, ballet dancers and dancers of the audiovisual sector, among the beneficiaries of the Brazilian Copyright Law (9.610/98-LDA) to receive remuneration for performances of audiovisual works. Extra actors without dialogue or role will not be classified as performers, according to the text. “The inclusion and recognition of title-holders of the audiovisual sector will benefit the performers repairing a historic injustice,” stated Deputy Roger Carvalho (PT-SE), author of the bill (PL 4072/12).

The bill also creates the position of public display of audiovisual works to define the use of the work by any means of transmission or retransmission of images with or without sound, broadcasting directly or indirectly, cable distribution, waves or other means. Currently, the law defines acting and the public performance.

The performer must be paid for the execution on the radio, cinema, TV and on the internet of works he may have participated. Payment can be made directly to the professional or through associations. The proposal does not include free screenings in theaters, for people with visual or hearing disabilities, and in schools for teaching purposes.

According to the Deputy, several countries in Europe and in Latin America have changed their law in order to guarantee the  remuneration of performers.

Collection

According to the bill, the association of performers will manage the collection and distribution of amounts related to execution of audiovisual works. This management will be conducted by an independent office to collect the Central Bureau of Collection and Distribution (ECAD), which is responsible for collecting the music copyrights for the authors.

At least 10% of the revenues should be earmarked for welfare activities for performers in financial difficulty; promotion and training of performers, and general activities on culture and audiovisual arts.

Procedure 

The proposal will be analyzed by the committees on Education and Culture, and on Constitution, Justice and Citizenship, before heading to a plenary session.

Entirety of the proposal:

• PL-4072/2012

Reportage – James Miranda

Edition – Mariana Monteiro 

The reproduction of news is allowed provided that it contains the signature Agência Câmara de Notícias. 

Source:

http://www2.camara.gov.br/agencia/noticias/TRABALHO-E-PREVIDENCIA/427016-PROJETO-INCLUI-INTERPRETE-COMO-BENEFICIARIO-DA-LEI-DE-DIREITO-AUTORAL.html

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