Brazil's Fair Approach to Copyright Enforcement

July 14, 2010

Brazil seems to have taken a more compassionate and even handed approach to copyright protection, according to the Inquirer. The country has implemented rules that offer protections for both copyright holders and the public. For the public fair use is just as important as copyright infringement and so the rules take that into account. The rules also punish those copyright holders who game the system and bully people using copyrighted material under fair use.

This means that the law can be used on anyone that commits a copyright crime like illegally breaking copyright protection and sharing media, and any firm that uses unfair copyright protection tactics.

Canadian law professor Michael Geist recently talked about Brazil's approach on his blog, saying that it "establishes equivalent penalties for hindering or preventing the users from exercising their fair dealing rights." By his thinking "over-protection" of copyright is just as wrong as protecting it.

Source: Unite The Cows


Comments

Re: Brazil's Fair Approach to Copyright Enforcement

This is a good thing. Hope they don´t screw it.

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Re: Brazil's Fair Approach to Copyright Enforcement

The law makes sense and does not give the © holder unlimited power. It will be fought tooth and nail.

Re: Brazil's Fair Approach to Copyright Enforcement

It actually isn't that far from what we have in America - the primary differences are that the onus of enforcement is on the government and law enforcement authorities, instead of the copyright holder, thus punishments can and should be meted out in a more equitable manner.  However, I'm looking at this from the other side - how will the actual enforcement play out?  I'm personally skeptical of the law until I see how pirates are actually handled by it.

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