The Bill of Law No. 4.255/20201, proposed by Senator Angelo Coronel, aims to implement copyright payment in case of journalistic content’s publication is made by internet service providers. In this regard, the bill promotes a revision of the Brazilian Copyright Law (Law No. 9.610/1998), allowing the copyright owner to notify the internet service provider, in order to receive the due compensation for its content.
According to the proposed bill, the copyright owner of the published material will be able to request the unavailability of its content which was made available without the due authorization, even if made by third parties, as well as to require the due compensation for the published content, when the internet service provider exercise the activity in a professional, organized and economic purpose in the national territory. After the notice, the service provider that fails to comply with the measures may be held jointly and severally liable for the damages caused by posting the content without the due authorization of the copyright owner.
The Senator highlighted that the bill text aims to promote justice, valuing the journalism professionals, emphasizing its relevance in confronting misinformation, ensuring that the professional costs of the journalistic activity will be duly paid, and protecting society through a free press able to properly inform citizens, especially in pandemic times. The bill meets the recent demands of the communication’s sector, which reinforces the urgency of this regulation.
More information is available, in Portuguese, in https://telaviva.com.br/24/08/2020/senador-quer-que-provedores-de-aplicacao-paguem-por-conteudos-jornalisticos/
1Bill No. 4.255/2020: https://www25.senado.leg.br/web/atividade/materias/-/materia/144233.