Post by account_disabled on Jan 11, 2024 6:28:17 GMT -5
Copyright cannot be charged for music performed in gyms. The decision is from the 10th Civil Chamber of the Court of Justice of Rio Grande do Sul. The judges denied the request from Ecad — Central Collection and Distribution Office against a gym in the municipality of Pelotas. There is an appeal.
The rapporteur of the appeal, judge Jorge Special Data Alberto Schreiner Pestana, considered that “the mere reference to the occasional reproduction of some music by national authors cannot support the collection of copyright”. Ecad maintained the opposite. For the body, participation in copyright does not depend on how often the academy uses the songs, but rather on how many times they are performed in the country.
The owner of the gym explained that she has a contract signed with Franqueadora Body Sistems, which sends CDs recorded with different types of music to the establishment.
Judges Luiz Ary Vessini de Lima and Paulo Roberto Lessa Franz followed the rapporteur's vote.
Process 70014252076
Read the decision
ECAD. COPYRIGHT. NO PROOF. UNFEASIBILITY OF COLLECTION. The absence of sufficient proof of the commercial use of musical works protected by copyright determines the impossibility of charging them. In this case, the expert evidence remained ambiguous in its conclusion, as the expert referred to the reproduction only of foreign music on regularized CDs and, later, referred to the occasional performance of works by national authors. The mere reference to the occasional reproduction of music by a national composer cannot support the collection of copyright. Improvised resource. Unanimous.
CIVIL APPEAL: TENTH CIVIL CHAMBER
Nº 70014252076: REGION OF PELOTAS
CENTRAL COLLECTION AND DISTRIBUTION OFFICE – ECAD: APPELLANT
ELIANE QUINTANILHA: APPELLATE
The files were seen, reported and discussed.
The Judges members of the Tenth Civil Chamber of the State Court of Justice unanimously agree to dismiss the appeal.
Costs according to the law.
In addition to the signatory (President), the eminent gentlemen DES participated in the trial. LUIZ ARY VESSINI DE LIMA AND DES. PAULO ROBERTO LESSA FRANZ.
The rapporteur of the appeal, judge Jorge Special Data Alberto Schreiner Pestana, considered that “the mere reference to the occasional reproduction of some music by national authors cannot support the collection of copyright”. Ecad maintained the opposite. For the body, participation in copyright does not depend on how often the academy uses the songs, but rather on how many times they are performed in the country.
The owner of the gym explained that she has a contract signed with Franqueadora Body Sistems, which sends CDs recorded with different types of music to the establishment.
Judges Luiz Ary Vessini de Lima and Paulo Roberto Lessa Franz followed the rapporteur's vote.
Process 70014252076
Read the decision
ECAD. COPYRIGHT. NO PROOF. UNFEASIBILITY OF COLLECTION. The absence of sufficient proof of the commercial use of musical works protected by copyright determines the impossibility of charging them. In this case, the expert evidence remained ambiguous in its conclusion, as the expert referred to the reproduction only of foreign music on regularized CDs and, later, referred to the occasional performance of works by national authors. The mere reference to the occasional reproduction of music by a national composer cannot support the collection of copyright. Improvised resource. Unanimous.
CIVIL APPEAL: TENTH CIVIL CHAMBER
Nº 70014252076: REGION OF PELOTAS
CENTRAL COLLECTION AND DISTRIBUTION OFFICE – ECAD: APPELLANT
ELIANE QUINTANILHA: APPELLATE
The files were seen, reported and discussed.
The Judges members of the Tenth Civil Chamber of the State Court of Justice unanimously agree to dismiss the appeal.
Costs according to the law.
In addition to the signatory (President), the eminent gentlemen DES participated in the trial. LUIZ ARY VESSINI DE LIMA AND DES. PAULO ROBERTO LESSA FRANZ.