World Intellectual Property Day 2025: an overview of music copyright in Brazil

Celebrated annually on April 26, World Intellectual Property Day seeks to put the spotlight on related topics currently relevant around the world. This year, the World Intellectual Property Organization (WIPO) has selected the theme ‘IP and Music: Feel the Beat of IP’, highlighting the role that legal protection plays in fostering creativity and business in the music sector.

As such, now is a good time to reflect on how music is connected to the world of intellectual property and why such protection is essential for authors, featured and non-featured artists, and companies alike. In Brazil, copyrights over music are regulated by the Copyright Law (Law No. 9,610/1998 – LDA), which covers both the copyrights of authors (creators of musical works, such as the composers and lyricists) and neighboring rights, which protect the performance of music labels, featured and non-featured artists, and session musicians who participated in, managed, or financed a sound recording.

These rights are divided into two categories: moral rights and economic rights. Moral rights are inalienable, non-waivable, and non-transferable and are linked to the author’s identity and reputation. This ensures, for example, that the author is correctly identified as the creator of the work (right of paternity) and that the work is not altered in a way that compromises its integrity (right of integrity) without the author’s authorization. In contrast, economic rights concern the economic (i.e., commercial) use of musical works and sound recordings. As a result, anyone wishing to use a third-party-owned musical work or a sound recording generally must obtain prior authorization from the rights holder.

If a musical work or a sound recording is used by a third party without the prior authorization of the respective rights holder(s), their economic rights may be infringed upon. Violations of moral rights can occur if the author is not duly credited, or when the creation is altered without the authorization of the respective rights holder. In either situation, the rights holder can file a lawsuit against those responsible, seeking compensation for any moral or economic damages suffered.

Copyright protection in the digital sphere

Although Brazil’s Federal Constitution has guaranteed copyright protection since 1988, applying these rules to the digital sphere is relatively new for Brazil’s courts. Advances in technology have made it easier to reproduce and distribute musical works and sound recordings without authorization, leading to a significant increase in online violations. This scenario has led to a growing number of lawsuits in Brazil involving the unauthorized use of musical works and sound recordings on digital platforms, especially since 2015.

To mark World Intellectual Property Day, Mattos Filho’s Intellectual Property practice has conducted case law research in the main Brazilian courts, focusing on recent decisions related to copyright infringements in the digital sphere and the music sector. Below, we have compiled some key considerations from the results of this research:

• Presumed damage in violations of moral rights: moral damage is presumed (in re ipsa), meaning that plaintiffs do not need to demonstrate or prove the violation and the resulting damage;
• Compensation for violations of moral rights: courts consider the severity of the conduct, the extent of the damage, and the parties’ economic situation when calculating compensation for violations of moral rights. Compensation typically ranges between BRL 5,000 and BRL 15,000 per infringed work;
• Proof of damages for violations of economic rights: plaintiffs must prove both the violation and the resulting damage;
• Compensation for violations of economic rights: compensation is based on factors such as the number of unauthorized works reproduced or distributed, the standard licensing fee per work, and the duration of unauthorized use;
• Proof required for musical plagiarism: plaintiffs must demonstrate both substantial similarity between the works and that the creation preceded the alleged plagiarism; and
• Musical parodies: Musical parodies do not require prior authorization from the copyright holder, provided they are not disguised reproductions and do not cause harm to the original work. Parodies made for criticism or humor do not violate copyright. However, Brazil’s Superior Electoral Court (TSE) recently published a resolution that prohibits unauthorized parodies in political jingles or electoral propaganda during elections.

Legal practitioners must monitor ongoing developments both in Brazil and internationally, as discussions on the limits and forms of copyright protection in the digital sphere are constantly evolving. Staying informed about these changes is essential as they will influence the future landscape of music copyright protection.

For more information on this topic, please contact Mattos Filho’s Intellectual Property practice area.