The registration of copyright serves to protect the rights of intellectual works. It evidences proof of authorship, supports the granting of licenses to third parties, evidences the objects of contracts involving the work, transfers property rights to legal entities, facilitates proof of the date of creation, provides documentation of proof of authorship (which may involve several people jointly), in addition to facilitating the process of transference by inheritance, for example.
Creating a of literary or musical work, musical scores, producing illustrations, conferences, logos, advertising materials, and developing and implementation processes, are all the fruits of individual capacity, and may be registered.
Concerning other works of a creative/inventive character, VILAGE assures its creators the exclusive right of use and capitalization.
Copyright is granted through research, analysis and evidencing the originality of the work.
- Registration at the Fine Arts School, National Library and Music School
- Registration of Catalog Card: registration by the Brazilian Chamber of Books, intended for the information of libraries.
In accordance with the terms of article 7 of Law 9,610/98, intellectual works protected as copyright are:
- the texts of literary, artistic or scientific works;
- Conferences, speeches, sermons and other works of the same nature;
- Dramatic works and dramatic-musical works;
- Choreographic and pantomimic works, whose stage execution is fixed in writing or any other form;
- Musical compositions, with or without lyrics;
- Audiovisual works, with soundtracks or otherwise, including cinematographic works;
- Photographic works and those produced by any process analogous to photography;
- Works of drawing, painting, engraving, sculpture, lithography or scenic art;
- Illustrations, maps or other works of the same nature;
- Designs, sketches and plastic works related to geography, engineering, topography, architecture, landscaping, scenography and science;
- Adaptations, translations and other transformations of original works, presented as a new intellectual creation;
- Computer programs;
- Collections or compilations, anthologies, encyclopedias, dictionaries, data bases and other works which, due to the selection, organization or arrangement of their content, constitute an intellectual creation.
It is important to note that computer programs are the object of a specific law.
Can I register my idea?
Ideas are not susceptible to registration, if the conception is purely abstract, since what is not concrete, and which exists only as thought, cannot be protected. It is important to highlight that the simple fact of writing an idea in a thesis or even a book does not confer protection on it.
The registration of the thesis or book containing the idea will assure the author of such, offering proof of who the author of the idea was, but is not sufficient to prohibit the implementation or the execution of the idea in itself. Thus, third parties that implement the idea would not be committing any infraction.
Do I need to register a book prior to publishing it as an E-book?
It is not necessary, however it is worth registering a book or E-book, since this act consolidates ownership of the copyright and as with all other guarantees of registration, if there is counterfeiting, copying or piracy, it will facilitate proof of ownership and support both extrajudicial and judicial measures.
Do I need to register a book to request the ISBN code?
Yes. The barcode (ISBN – International Standard) is designed to control the number of copies and obtain information regarding how many copies were sold, as well as controlling the sale and commercialization of the product. In some places the product is only made available through registration of the ISBN.
Can I put images of famous characters on my products?
It depends. If the images of the characters are in the public domain, there will be no problem. On the other hand, if such characters possess legal protection (copyright), it will be necessary to consult the holder and request authorization, in order to avoid legal complications.
How I protect my website against copying? What is protected?
A website may be protected through registration of the copyright of the website; such protection covers the layout, designs, personal images and the text of the website. Content of third parties, news (including blogs) and informative texts do not merit protection, so these aspects of the site are excluded from registration.
When do I need authorization to use a photograph, work or song of another person?
Always, bearing in mind that the moral right of the photograph, work or song is always that of the author and the rights of publication, use, commercialization and licensing are those of the holder (which may not necessarily be the author). Thus, for any use of a photograph or image, it is necessary to secure the authorization or a licensing agreement for use; normally this licensing agreement defines what may or may not be done with the image or photograph.
Do I need to carry out the registration of photographs? Do I need the authorization of the models?
Even though it isn’t obligatory, the copyright registration of a photograph offers the advantages of legal registration, since the process proves authorship and ownership of the photograph. If there are models in the photograph, their authorization is necessary. The more recognized and specialized this qualification, the clearer the rights of use and registration will be, thus helping to avoid conflicts and discussions about subsequent rights.
Can I alter a song that is not mine and register it?
No. It is the preserve of the authors, heirs or successors to change the original lyrics of a work.
Can I create a parody of a song or work of another person?
Yes, provided that it does not imply disrepute. Article 47 of Law 9,610/98 states: “Paraphrases and parodies are allowed which are not direct reproductions of the original work and do not imply disrepute”.
Do you have any further doubts about copyright?
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