Aug 152012
 

The attached table compares current Brazilian law to four proposals for copyright reform.

The WIPO translation was used for the current law (column 1).  Except in a couple of passages, the text of the WIPO translation was transposed to that of the new proposals every time the draft language followed the current legislation. The translations for the four versions of the copyright reform draft bill here presented (columns 2-4) are only meant to roughly convey the substance of the proposals. While great care has been taken, the translations might is some cases be inadequate or insufficient. Please check the translations against the original text of each proposal, provided below in a separate table.

Drafts 3 and 4 were leaked in 2011. The last officially published draft (2) was written by Ministry of Culture staff from the Gilberto Gil/Juca Ferreira administration. Drafts 3 and 4 are from the Ana de Hollanda staff, still in office.

The GIPI is the Brazilian government’s Interministerial Group on Intellectual Property, a collegiate where Brazil’s positions on IP policy are deliberated, in consensus-driven meetings between representatives of a number of ministries, including the Ministry of Culture, in charge of the ongoing copyright reform process. For more information on Brazilian IP policymaking, please read chapter 5 of the Media Piracy in Emerging Economies report.

The only major changes in drafts IV and V relate to the Berne three-step test clause at the end of the list of limitations;
The ongoing copyright reform draft bills do not affect computer programs, which are the object of another law,  and have their own set of limitations.

Please send corrections and suggestions to mizukami@gmail.com.

CLICK HERE FOR THE FULL TABLE.

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