Author: Pedro Mizukami

Brazilian Chamber of Deputies Approves Marco Civil Bill

Luiz Fernando Moncau (@lfmoncau) Pedro Nicoletti Mizukami (@p_mizukami) Center for Technology and Society @ FGV Law School, Rio At around 9pm today, March 25th 2014, the Brazilian Chamber of Deputies finally voted in favor of approving the Marco Civil bill. The text, which can be read here (in Portuguese), will now be sent to the Federal Senate for deliberation. If any changes are approved there, it will be returned to the Chamber of Deputies before it can be sanctioned by President Dilma Rousseff. Marco Civil, which is the first major Brazilian law on Internet rights—including provisions on net neutrality and intermediary liability—was modified several times by rapporteur Dep. Alessandro Molon (Worker’s Party, Rio de Janeiro), so that consensus could be reached in the Chamber of Deputies. It was a complicated process. The approved text is substantially different than the version sent to Congress in 2011, which was the output of a broad public consultation process that took place between October 2009 and May 2010 (more information can be found in the 2011 CGI.Br Internet Policy Report). Battles over intermediary liability, data retention, and net neutrality stalled bill’s progress in the Chamber of Deputies for more than two years. Voting was delayed successive times even after the bill was put under urgency regime in September 2013—a status that has the effect of blocking most other proposals until voting is carried out....

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The Privatization of Copyright Enforcement: the Brazilian Context

[Cross posted from Digital Rights-LAC, Link (CC-BY)]   After years demanding stronger public sector response to copyright infringement, IP industries have now shifted to the strategy of forcing governments to assume the role of facilitators in agreements between private parties. In Brazil, this tendency is clearly noticeable in industry demands related to copyright enforcement in the digital environment within the National Council on Combating Piracy (CNCP, Conselho Nacional de Combate à Pirataria). The CNCP: a brief history The year of 2005 is a turning point in the history of copyright enforcement in Brazil. It was in 2005 that the Brazilian government finally gave in to the pressure exerted by the IP industries through the US government, and definitively internalized the international IP enforcement agenda. That was the year when the National Council on Combating Piracy and Crimes against Intellectual Property (CNCP, Conselho Nacional de Combate à Pirataria e Delitos contra a Propriedade Intelectual) effectively became operational, with the mission to serve as public-private forum for the discussion of IP enforcement policy and coordination between industry and government. [1] The events that led to the creation of the CNCP were documented in detail by the Media Piracy in Emerging Economies report, available in English, Spanish, Russian, and Chinese. That story is reasonably long, but can be summarized as the result of years of pressure on Brazil promoted by the IP industries through the United States Trade...

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Copyright Week: What Happened to the Brazilian Copyright Reform?

Mariana Giorgetti Valente (@mrnvlnt) Pedro Nicoletti Mizukami (@p_mizukami) Creative Commons Brazil, Link, (CC-BY-SA) Center for Technology and Society @ FGV Law School, Rio [Versão em português/Portuguese version] While open licensing can be a powerful strategy to correct some of the many distortions produced by an unbalanced copyright system, there’s only so much that can be accomplished without a major overhaul of copyright law. Creative Commons has recently acknowledged this in a very eloquent statement in support of global copyright reform: CC licenses are a patch, not a fix, for the problems of the copyright system. They apply only to works whose creators make a conscious decision to affirmatively license the right for the public to exercise exclusive rights that the law automatically grants to them. The success of open licensing demonstrates the benefits that sharing and remixing can bring to individuals and society as a whole. However, CC operates within the frame of copyright law, and as a practical matter, only a small fraction of copyrighted works will ever be covered by our licenses. Brazil is one of many countries facing the difficult task of copyright reform, and Copyright Week is a good opportunity to reflect on what has — and has not — been accomplished so far. The current law, passed in 1998, ranks as one of the worst rated copyright laws in Consumer’s International IP Watchlist, with a C-...

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A Comparative Table of Brazilian Copyright Reform Draft Bills

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...

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Alternative Copyright Reform Bill Introduced in the Brazilian Chamber of Deputies

While the Ministry of Culture’s much-talked about, controversial copyright reform bill has yet to reach the Brazilian National Congress, a deputy from the Partido dos Trabalhadores, Nazareno Fonteles, has jumped the gun with his own take on the subject. Bill 3133/2012, introduced February 7th in the Chamber of Deputies, is not exactly a new proposal. It is heavily inspired by the first draft of the Ministry of Culture’s text–a very forward-looking, progressive bill, when compared to both the current legislation and the more recent versions of the Ministry of Culture’s proposal. Besides promoting a major overhaul on the very foundations of copyright law, adapting it to comply with the Brazilian Constitution, antitrust and consumer protection law, the bill also greatly expands the list of limitations to copyright, and establishes much-needed checks on collective rights management. Also encouragingly, the proposal’s explanatory notes mention that improving access to knowledge is the major reason for an urgent copyright reform. It is difficult, however, to evaluate Bill 3133/2012’s potential impact on the future of Brazilian copyright law. It will certainly be appended to the Ministry of Culture’s proposal, which carries the weight of being the result of a public consultation with almost 8000 contributions. On the other hand, the changes that took place in the Ministry of Culture under Ana de Hollanda have led a to a draft that is less than ideal, particularly...

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Final Draft of Brazilian Copyright Reform Bill Leaked by Forum Magazine

Renato Rovai, editor of Brazil’s Fórum magazine, has just posted the final draft of the Brazilian copyright reform bill on his blog. This and previous versions of the draft bill have circulated from hand to hand in the past few weeks, reaching a few members of civil society and journalists, but not the public at large. Along with the draft bill itself, Rovai has also published minister Ana de Hollanda’s message to president Dilma Rousseff containing the rationales for the proposal, and a lengthy technical brief prepared by the Ministry of Culture’s Intellectual Rights Directorship. A Google translation of the rationales document can be read after the jump. It is a very rough translation, but good enough to get a taste of the proposal and feel concern about some of the arguments it presents. It is especially alarming that in item 3 of the document minister Ana de Hollanda incorrectly assumes that Brazil is not in compliance with TRIPS’ enforcement provisions… Stay tuned for a substantial analysis of the final proposal and its previous versions. *** IN no. 000 / 2011 – MinC Brasilia, October 2011. Madam President, 1. I hereby submit for the consideration of Your Excellency the attached draft Bill proposing amendments to Law No. 9610 of 19 February 1998 amending, updating and consolidating the copyright act and other provisions. 2. This proposal stems from the fact that the law...

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Controversy Over Copyright Reform In Brazil

Controversy over copyright reform in Brazil continues as two major newspapers publish opposing stories on a supposedly final version of the Ministry of Culture bill, leaked by a source within the federal government. On November 26th, Rio de Janeiro’s O Globo printed a cautious but positive piece on the copyright reform bill, stressing that 85% of its previous version was kept in the final text. Contradicting most evaluations of Ana de Hollanda’s administration, O Globo’s story depicts Hollanda’s work on the bill as a harmonious continuation of the public consultation process supervised by former ministers Gilberto Gil and Juca Ferreira, instead of a rupture with the Ministry of Culture’s previous orientation. Folha de São Paulo picked up the story a few days later, but provided a much less favorable view of the leaked text, focused on the 15% that Hollanda did alter.  According to Folha, the changes in the text greatly benefit ECAD, the central collecting society that has a statutory monopoly on the collection and distribution of music-related royalties in Brazil. Ana de Hollanda’s ties to ECAD were unveiled in a previous story by O Globo, and the minister has been openly vocal in criticising provisions of the reform bill that would reestablish state supervision of ECAD. Greater checks on ECAD’s activites–currently the object of two parallel congressional investigations, as well as antitrust action by the Ministry of...

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