TV and Radio signal in Hotel rooms under Brazilian Copyright

TV and Radio signal in Hotel rooms under Brazilian Copyright

Patricia Covarrubia   May 25, 2011   No comments:

Hotels that have radios, televisions or similar devices installed in their rooms should pay royalties to the Central Bureau of Collection and Distribution (ECAD).

A hotel in Porto Alegre brought an action for declaration of non-existence of debt against ECAD after refusing to pay bills issued by the entity. The 6th Civil Court of Porto Alegre denied the request, considering that according to Article 29 of Law No 9610/1998, installing alarm clock radio and television in hotel rooms are subject to the payment of royalties.

The hotel appealed and the Court of Rio Grande do Sul (TJRS) found that because the transmission did not occur in areas of the hotel but the rooms, ECAD could not claim any payment. The Court held that the establishment would not even know which stations or songs were tuned.

On appeal to the Superior Tribunal de Justica (STJ), ECAD argued that the hotel rooms were often places of public nature and that payment for the copyright would not be jeopardized by the fact that the broadcasting devices remain available to the client so that they can turn it on or off. It was also noted that the existence of radio and TV helps hotels to attract customers and improve the classification of the establishment (obtaining stars). In turn, the hotel claimed that the hotel rooms are not considered as sites of ‘public’ nature but for the exclusive use of guests – ‘private’ nature.

In its vote, the minister Sydney Benet, rapporteur of the case, said that Law No 9610/98 changed the understanding of charges made by ECAD. Before, the law oversees the rule that "the use of radio receivers inside hotel rooms did not involve public performance of works, but privately run," which made improper payments to ECAD (Law 5988/1973).

From the new law, the STJ addressed that hotels are often regarded as places of the ‘public’. Therefore, the executions of works featured in such places are regarded as public performance.

The minister also noted that although Article 23 of Law No 11.771/2008 considers the rooms as individual units of frequency, the analysis of this case is limited to the legislation prior to this law. With this reasoning, the court held the hotel to pay ECAD.

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The Colombian Law called ‘Fanny Mikey’ is not funny business

The Colombian Law called ‘Fanny Mikey’ is not funny business

Patricia Covarrubia   June 24, 2010   2 comments:

Last week (17/06) the Colombian Congress approved the ‘Fanny Mikey’ Law which seeks to protect economic rights (royalties) to soap opera actors and actresses when productions are later sold and broadcast in Colombia and abroad. The Law now waits for presidential approval.

The law called “Fanny Mikey ", named after a Colombian-Argentina actress who died over a year ago, was approved in the Senate by 57 votes in favour and 5 against.

The Minister of Interior and Justice, Fabio Valencia Cossio, said that this initiative recognizes that artists “have the right to receive royalties for their performance and work, as their contributions to the cultural heritage of Colombia must be translated into economic and social aspects”. I could not agree more. It is my understanding that Colombia is one of the major Latin American exporting countries of television productions, including soap operas, dramas and other series. Therefore, while the law appears to grant economic rights to just the artist, it is I believe of importance to the Colombia country as well. The reason is that the development of a country is to distribute the resources generated in all regions and in all sectors.

Maria Eugenia Penagos, actress and now director of the Actores Sociedad Colombiana de Gestión (Society Actors Management) achieved to unite 183 artists for the support in moving forward the Fanny Mikey Law. She mentioned that with this law, "We will raise the right to remuneration for public communication”. Penagos explained that for each broadcast of a drama in which an actor participates, he receives a percentage. If at home, the money raised will go to the Actores Sociedad Colombiana de Gestión; if overseas, to their societies. She adds that the amount to be paid will be set up by the parties involved (producers and actors) and it will be done in accordance with international agreements. If no agreement is reached, a judge will set it up. She gives an example from Argentina where last year it started collecting royalty for actors at 0.8 percent.

There is clearly a difference between paying fees for services that have been agreed in the contract concerned and another matter is royalty – don’t you think?

Yet, many questions arise from this law, for instance: will the royalty be for the actors’ lifetime or for a defined time period like cinematographic works that are protected for 80 years calculated as from the completion of the production (Art 26)? Who will be controlling later broadcasting and international sales? To this effect, how will it be controlled?

Colombia Copyright Law here.

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