Author: Allan Rocha de Souza

TDM and Brazilian Copyright: Recent Developments

[Allan Rocha de Souza and Luca Schirru] Statutory limitations and exceptions (L&E) for copyright in Brazil are notoriously precarious. However, under the Constitutional framework, the courts have come to regard their interpretation as extensive and not limited to the situations set forth in the copyright law. As it stands now, they must be considered as a flexible set… Despite the flexible character of L&Es in Brazil, none of them directly addresses uses for the purpose of research or text and data mining (TDM). Nonetheless, policy discussions (both within the legislature and the executive) have started to address the issue, particularly in relation to innovation and the training of Artificial Intelligence (AI) systems.

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Consultation on Implementing Marrakesh in Brazil Closes This Week

Last month, the Brazilian Secretariat of Culture (Secretaria Especial de Cultura) launched a 30 day public consultation on the Presidential Decree regulating the Marrakesh Treaty implementation, ending this week. Contributions can be made directly on the platform or by filling the form on the site. One of the key questions in the consultation process involves whether Brazil should adopt a commercial availability requirement.

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Brazil Seeks Comments on Copyright Reform

On June 28th, the Brazilian Government through the Special Secretariat of Culture opened a new public consultation on the need to reform and update the 1998 Copyright Act. The main goal is stated to be to “deal with the new technologies and new business models that have emerged over this period”. Accordingly, streaming services, content upload and sharing platforms, artificial intelligence and so on are on the list.

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