After writing about the Van Cleef & Arpels case, I wanted to write a quick 101 about copyrights for employees/workers in Brazil. So, here it is:
- The Brazilian Copyright Law (Law No. 9.610) does not explicitly mentions the employment issue (unlike the Brazilian Industrial Property Law, which contains specific provisions).
- The BCL distinguishes moral (right of attribution) and economic rights.
- If an author creates a work protected under the BCL, then he/she the unassignable and inalienable right to claims its moral rights and to showcase the work in his/her portfolio.
- The issue of ownership of the economic rights is controversial. If the person is a full-time employee working under the instructions and supervision of the employer and the employment agreement includes as his/hers activities creating such works, then the presumption is that the economic rights belong to the employer.
- If, however, the employee's activities according to his/her employment agreement are not to create the works or if the person is an independent/free-lancer worker, then the presumption favors the employee/worker.
- Economic rights over collective works belong to the person/entity who requested or hired the creators.
For the detailed post in Portuguese click here.