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Ecad questions the law of the State of Mato Grosso that exempts associations from the collection of copyright retribution

Friday, November 03, 2017

Direct Action for the Declaration of Unconstitutionality (ADI 5799) filed in the Brazilian Federal Supreme Court (STF), with preliminary injunction, by the Central Office of Collection and Distribution (Ecad), questions the Law 10.355/2016, of the State of Mato Grosso.The norm exempts from the collection of rates of copyright retribution collected by Ecad the philanthropic institutions, associations, foundations and entities officially declared of public utility.

The Ecad - an institution that promotes collection and distribution of copyrights for the public performance of musical works and phonograms - claims to be improper the nomenclature used by the norm questioned, since the collection of copyrights is not a fee. It explains that the hypothesis is not the expense generated by the public coffers, "but the use of private property other than of the user, which is why it is due the payment for its use and/or the express authorization of the owner for its enjoyment."

According to the entity, the Mato Grosso law violates the exclusive competence of the Union to legislate on civil law (article 22, item I, Federal Constitution), the free exercise of the activities conferred on Ecad (article 5, paragraph XVIII), as well as the constitutional principles of intellectual property protection (Article 5, subsections XXVII and XXVIII, letter "b").

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