Decree 765/2024 published on 08/28/2024 modernized Decree No. 41.223/1934, which regulates Law 11.723 (Legal Regime of Intellectual Property).
The new article 33 establishes that a public performance is understood as a performance that takes place -whatever the purpose of the performance- in a space of public access, free and directed to a plurality of persons. It also clarifies that there is no public performance or execution when it is carried out in a private area, whether it is a permanent or temporary occupation. The performance of a work will be considered a public broadcast when it is transmitted, retransmitted or broadcast by loudspeakers and when it is performed by performers or singers, as well as when it is performed by mechanical, electronic or digital means, including the Internet.
The new decree also amended article 35 of the 1934 Decree, which now states that musical and cinematographic works and phonograms may not be publicly performed or transmitted or retransmitted by any means, without the express authorization of the owners of their rights, their successors in title, representatives or the collecting societies representing them. The new text states that beyond the exclusive rights agreed between the authorized platforms for the dissemination of the work and the owners of the work, the latter “have the right to receive equitable remuneration from any person who occasionally or permanently obtains a direct or indirect economic benefit from the public use of a work and, in general, whoever performs a public performance by any direct or indirect means.
This publication does not constitute a legal opinion on specific issues. If necessary, expert legal advice should be sought.
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