Chile: Charging VAT to mass entertainment

The Chilean Culture Committee of the Chamber of Deputies has agreed to ask the government to sponsor a bill to end the tax differences between foreign and domestic mass entertainment.

The proposition is based on the fact that this reality is based on 1974 law which sought to open the international market. According to Deputy Alfonso De Urresti “the law is simply outdated today.” Actors also addressed the Commission of Culture requesting "equal treatment" and "a stronger institutional framework that aims to protect and promote national artistic creation."

Parliamentarians do agree that national artists and creators are at a disadvantage in this area. Finally the news from the Chamber of Deputies (here) reports that the Culture Committee is to establish a “technical committee to discuss this topic, and make a commitment to hold a seminar in March, which is attended by all concerned parties.”

Uh? Are we seen an infringement of an economic right in disguise?

just look don't reproduce -- works of art exhibited in public places

Reproduction for commercial purposes of works of art located in a public place without permission of the author infringes the copyright of the artist, the Fourth Chamber of the Superior Court of Justice (STJ) held.

Artist Sival Floriano Veloso filed an action for compensation for damages and suffering, againts the phone company Telemar Norte Leste S/A. In first Instance the Court of Maranhão ordered the phone company to pay R$ 250,000 to the author because the images of his sculptures were reproduced in phone cards without prior knowledge and consent.

The works at issue are located in the main city square of São José de Ribamar (MA) and were prepared at the behest of the state government. Telemar claimed that the works are public property and are in public area, they are of free access to the population, which would make the implicit permission ‘for use by all’. To this effect, Telemar argued that Article 48 of Law No 9.610/1998 limits the copyright of works permanently located in public places.

Telemar appealed and the STJ noted that the commercial interest, direct or indirect, does not affect Article 48 of Law No 9610/98, but Articles 77 and 78 do. According to the latter Articles which deal with the use of works of art, convey the right to expose it, but not the reproduction right, which authorization must be in writing and, presumably, for reward. The Junior Minister Aldir Finch, rapporteur of the appeal explained that the said work of art installed in public areas, although it is public property, it generates moral and material rights to the author.

Veloso's sculptures were reproduced in five models of pre-paid phone cards: there was a total of 50,000 copies sold each for R$ 6 reais. In four models, the works appear in the foreground and none bears the name of the artist.

Telemar's appeal was decided by majority vote.

The Brazilian Council of Cultural Entities gives its opinion

As announced recently on this blog, Brazil unveiled its Copyright reform proposal. This proposal for the revision of the Copyright Law is running a public consultation and on July 19th the Minister of Culture received the first formal document from the Conselho Brasileiro de Entidades Culturais (CBEC).

The CBEC claims to be ‘an entity that brings together artists from music, theater, dance, circus, visual arts, film and hip hop.’ For one week, its members have discussed and worked on the draft proposals.

The content of this document
The CBEC starts by thanking the Goverment’s initiative to make the issue of copyright in a public consultation and so hearing what artists have to say and claim. It continues explaining that there are laws that regulate the interests of workers and enterprises and there are others that protect consumer rights. Therefore, the CBEC wants to help to improve a law with respect to its rights as creators. A law, according to the entity, that can recognise and appreciate the contribution that artists bring and so, enabling their works to reach the public and preventing entities and corporations to exploit, in an unreasonable manner, their work.

The document contains 7 pages. By the first page one can notice the artists’ frustration against the companies and enterprises rather than the illegal use, by consumers, of pirated music/videos and so on. The documents is divided into four points and it is written in Portuguese (believe me I have tried my best but I guess that my days (or dates!) in high school were more important than another foreign language lesson).

The points are: assignment of rights, licensing and use of venue by holders of copyright and related rights; non-voluntary licenses and the role of the Government; the office for collection – gathering contributions- and associations of management; and final observations.

The full text can be found here.