Hot Topic – ECAD and Streaming
A recent decision¹ rendered by the Brazilian Supreme Court dismissed the extraordinary appeal filed against the Superior Court of Justice (SCJ)’s ruling that allowed the collection of royalties by ECAD (the main performance rights organization in Brazil) over music streaming. Justice Alexandre de Moraes held that the issue had been analyzed by the SCJ in detail, and that there would be no constitutional violation.
Although the decision is binding upon ECAD and Oi FM only, parties of the lawsuit, the judgment confirms a strong indication that streaming constitutes public performance, which justifies collection by ECAD.
¹ Extraordinary appeal no. 1.056.363/RJ