[pp.int.general] Fwd: [IP tango] Sing aloud, loud, loud! is free

[Amelia Andersdotter]

joy to the world! we're allowed to sing!

-------- Original Message --------
Subject: 	[IP tango] Sing aloud, loud, loud! is free
Date: 	Thu, 7 Apr 2011 04:00:14 -0700 (PDT)
From: 	Patricia Covarrubia <patricia.covarrubia at brunel.ac.uk>
Reply-To: 	ip-tango at googlegroups.com
To: 	ip-tango at googlegroups.com



<http://3.bp.blogspot.com/-welEsWpJwdg/TZy_Gi7avdI/AAAAAAAAAnY/tHnJ0nsJMiQ/s1600/angel.jpg>Brazil, 
the Third Chamber of the Superior Court of Justice (STJ) excluded the 
collection of copyright royalties in relation to a religious event. The 
event which took place in 2002 and was organised by the Archdiocese of 
Victoria was of free entrance and organised without any profit in mind.

First Instance: action was brought by the Central Bureau of Collection 
and Distribution (ECAD) and was heard by the Court of the Holy Spirit 
(TJES) which held that Article 68 of Law No 9.610/1998 authorize the 
collection of royalties. The Archdiocese appealed to the Supreme Court.

Appeal Court: reverted the first instance decision (full vote) 
--Rapporteur of the appeal, Minister Paulo de Tarso Sanseverino admitted 
that the isolated reading of Article 68 of Law No 9610/98 indicates the 
requirement of payment. However, he explained that "Articles 46, 47 and 
48 provides limitations on copyrights”. The rapporteur noted that among 
these limitations are the right to intimacy and privacy, national 
development and culture, education and science.

Also, he noted that Article 13 TRIPS, of which Brazil is a signatory, 
allows the restriction of copyright if it does not interfere with the 
normal exploitation of the work or there is no unreasonably prejudice to 
the right holder. He concluded that in this specific case, “the 
fundamental right to freedom of worship and religion prevailed”.

More info here 
<http://www.stj.jus.br/portal_stj/publicacao/engine.wsp?tmp.area=398&tmp.texto=101280>. 


--
Posted By Patricia Covarrubia to IP tango 
<http://iptango.blogspot.com/2011/04/sing-aloud-loud-loud-is-free.html> 
on 4/07/2011 12:00:00 PM --
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