2 THE RECORDING INDUSTRY

The body, linked to the then Ministry of Education and Culture, denominated the National Council of Author’s Rights –
CNDA, created in 1973 an installed in 1976, operated during 14 year, being deactivated when the ministry of culture was
extinct in 1990 an incentive of the newly elected President Fernando Collor de Mello.
Since 1990 there has been no state body to look after the norms and fiscal aspects of copyright. The only activity is that
of the police repression in the case of crimes against intellectual property and obviously that of the legal system.
A.3.2–Copyright
a) The works protected: right of the author
Established by law # 9610/98, intelectual works are “protected as creations of the spirit, expressed by any means or
fixed in any support, tangible or in tangible, now known or to be invented in the future .” It also related other protected
works, including:
–the texts of literary, artistic and scientific works;
–dramatic or musical-dramatic works;
–choreography and pantomime whose performance are fixed in a written or in any other form;
–musical compositions, with and without lyrics;
–audiovisual works, with and without soundtracks;
–adaptations, translations and other transformations of original works, presented as new intellectual creations; and
–collections or compilations, anthologies, encyclopedias, dictionaries, banks of information and other works which
because of their selection, organization or content constitute an intellectual creation.
The protection of an intellectual work includes its title, if original and unmistakable with the work in the same genre as
that of another author, explicit in Law 9610 the following are not covered:
I–the ideas, normative procedures, systems, methods, projects or mathematical concepts as such;
II–schemes, plans or rules for carrying out mental acts, games or business;
III–blank forms to be filled out with any type of information, scientific or not, and their instructions;
IV–texts of agreements or treaties, laws, decrees, regulations, legal decisions and other official acts;