The Federal Supreme Court (STF) will decide whether old copyright contracts are valid in new formats and platforms, such as streaming services.
The theme will be debated in general repercussion, which means that, from the analysis of a process, the plenary will define a thesis to be applied nationally to similar cases.
The question arose from an action filed by singer Roberto Carlos and the heirs of Erasmo Carlos to review contracts of 73 closed works with the Publisher Fermata do Brasil between 1964 and 1987.
The artists claim that the contracts provided for the commercial exploitation of songs in “Material Support”, such as vinyls, CDs and DVDs, and that at the time it was not possible to predict the changes brought by new technologies to the music market.
The fermata argues that the assignment of rights was definitive at the time of signing the contracts and is valid for all formats, existing or not at the time.
To recognize the general repercussion, the ministers evaluate whether there are relevant issues from the economic, political, social or legal point of view that exceed the interests of the parties.
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In this case, the STF plenary understood that the decision affects the entire art class. Minister Dias Toffoli, rapporteur of the process, highlighted the increase in the volume of resources on the subject and stated that, to avoid legal uncertainty, it is “extremely recommended” that the Court fix a position.
“Considering the new digital economy and the constant challenges it created, the issue must be faced from a constitutional perspective, not only to guide the system as a whole, but also to ensure legal certainty in contractual relations and entertainment market,” said Toffoli.
It is up to Minister Luís Roberto Barroso, president of the Supreme Court, to include the action on the agenda after it is ready for trial and released by Toffoli, which should occur from next semester.
