Brazil: How does the EU’s new Copyright Directive compare with Brazilian law?

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Brazil: How does the EU’s new Copyright Directive compare with Brazilian law?

On March 26 2019, the European Parliament voted in favour of the new EU Copyright Directive for the digital single market. As 73% of young European internet users listen to music, watch TV series and films or play games online, one of the Copyright Directive's changes concerns how online content sharing services should deal with copyrighted content.

Now, platforms that rely on user-uploaded content are required to obtain an authorisation from rights holders to make copyrighted content available to the public.

In the absence of a deal, online content-sharing service providers may be held liable for unauthorised acts of communication to the public of copyright-protected works, unless they are able to demonstrate that they have made a real effort to obtain a licence and acted expeditiously to stop users from accessing unauthorised content. Online platforms of more than three years and with an annual turnover over EUR 10 million must also make best efforts to prevent future uploads of the notified works.

In Brazil, Law 12,965/14 stipulates that internet providers can only be held liable for damages resulting from content generated by third parties if, after a specific court order, they do not take any steps to make the infringing content unavailable in a timely manner.

However, this liability exemption depends on a specific legal provision, which so far has not been enacted. Accordingly, Brazilian courts have steadily been applying Brazilian Copyright Law and dismissing copyright infringement claims if, after communication, the internet provider has removed the infringing content from its platform or blocked access to it.

As seen with the EU's GDPR and a similar Brazilian law approved in August 2018, European laws can influence Brazilian policy. As a result, considering the fast-growing consumption of online content by Brazilians, it is very important to follow closely any discussions generated by Article 17 of the new EU Copyright Directive in Brazil and to consider how it may impact Brazilian lawmakers.

Daniel Law

Antonio Curvello

Daniel Legal & IP Strategy

Av. República do Chile, 230, 3rd Floor

Centro, Rio de Janeiro

20031-170, Brazil

Tel: +55 21 2102 4212

www.daniel-ip.com

more from across site and SHARED ros bottom lb

More from across our site

Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
A boom in transactional work and a heightened awareness of IP have helped boost revenue for the rebranded commercial services team
Gift this article