Broadcasting, media and entertainment law in Brazil: overview

The country-specific Q&A looks at the following sectors:

  • Film.
  • TV (broadcast and internet).
  • Publishing.
  • Video games.
  • Music.
  • Sport.

In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation).

Contents

Film

Sector overview and tax reliefs

1. Provide an overview of the film sector in your jurisdiction. What have been the recent major developments or trends? What are the main companies in the sector and the main trade bodies/associations?

Sector overview

The Brazilian film industry remained dormant for several years following the closure of Embrafilme (a state-owned studio). However, the industry developed again from 1995, when 14 Brazilian films were released and continued to grow (99 films were released in 2011). The main reason for this development was the enactment of several laws creating tax benefits and incentives for film production after 1991. This rebirth movement became known as the retomada.

In 2012, the number of films released decreased to 83. However, theatrical revenues increased by 12% in comparison to 2011, reaching BRL1.6 billion; 146.4 million tickets were sold (2012 annual report, Brazilian Film Agency (Agência Nacional do Cinema) (ANCINE)). The number of screens increased by 6.93% to a total of 2,515.

Although American films and distributors remain the major players in the market, in 2012 Brazilian films occupied 9.9% more theatre screens in comparison to 2011, while foreign films increased their screen occupancy by 5.38%.

Production is historically concentrated both in Rio de Janeiro and São Paulo. This led to more special tax benefits and public incentives for filmmaking in other states.

Major developments/trends

In 2011, the government passed the SeAC Law (Law no. 12,485/2011), which regulates paid television (including cable, DTH, MMDS, and so on). Among other issues, the SeAC Law imposed quotas of Brazilian content to TV programmers, and increased the number of CONDECINE (Contribution for the Development of the Film Industry) taxpayers, inflating the demand for Brazilian films and TV shows. More than BRL600 million was made available to independent producers in 2012.

The enactment of the SeAC Law created a boom in the film and television Brazilian market. ANCINE expects to make BRL1 billion available to independent producers in 2013 (according to statements made during a public hearing at the Brazilian Supreme Court on 18 February 2013).

Main companies

The main companies are (2012 Market Report, ANCINE):

  • International distributors and market share:

    • Paramount/Universal: 14.94%;

    • Sony/Columbia: 14.63%;

    • Fox: 14.41%;

    • Warner: 12.10%;

    • Disney: 11.71%.

  • Brazilian distributors:

    • Paris Filmes: 12.04%;

    • Downtown Filmes: 7.11% in co-production with Paris Filmes and Rio Filme.

  • Brazilian producers:

    • Total Entertainment;

    • Diler & Associados;

    • Zazen;

    • Conspiração Filmes;

    • Lereby;

    • Globo Filmes;

    • O2 Cinema;

    • Gullane.

Main trade bodies/associations

The main trade bodies are:

  • ANCINE.

  • Ministry of Culture.

  • Film Industry Producers' Union (Sindicato Nacional da Indústria Cinematográfica).

  • Film Industry Workers' Union (Sindicato dos Trabalhadores na Indústria Cinematográfica e Audiovisual) (SINDCINE).

  • Association of Audiovisual Works' Producers (Associação Brasileira da Produção de Obras Audiovisuais) (APRO).

  • Cinema do Brasil.

 
2. What are the applicable tax reliefs and other forms of state funding for film-making?

There are several kinds of tax reliefs, tax benefits and incentives at all levels of government (federal, state and local). Practically all states and major cities have incentives for film production. The main federal legislation provides both indirect incentives and direct state funding.

Main indirect incentives (tax reliefs)

The main indirect incentives (tax reliefs) are as follows:

  • Individuals and legal entities can buy investment certificates issued by Brazilian independent film productions, and deduct that amount from income tax due (up to 6% for individuals and up to 3% for legal entities) (Article 1, Audiovisual Law (Law no. 8,685/93)). Legal entities can also include the amount invested as a deductible expense when calculating the amount to be paid as income tax. In addition, investors can associate their brands to the film and earn possible profits from the film.

  • Taxpayers can deduct from their income tax all amounts invested in sponsoring Brazilian independent films (Article 1(A), Audiovisual Law). The limits are 6% of income tax payable for individuals and 4% for legal entities.

  • Foreign film distributors and other taxpayers can use 70% of the income tax due on overseas income remittance operations to develop new Brazilian independent feature films, and to co-produce independent TV movies and/or independent TV series (Article 3, Audiovisual Law).

  • Taxpayers can invest up to 70% of the income tax due in operations related to broadcasting rights and/or paid TV exhibition rights (Article 3(A), Audiovisual Law). These operations may involve any films and/or events, including sports events involving Brazilian teams or individuals. The investments can be in developing Brazilian independent feature films or in co-productions of Brazilian independent feature films, short-films, documentaries, TV movies and TV series.

  • Individuals and legal entities can deduct from their income taxes investments made in Brazilian film productions (Rouanet Law (Law no. 8,313/91)). These deductions can be up to 6% for individuals and up to 4% for legal entities.

  • Foreign paid TV programmers are exempt from paying CONDECINE due to the remittance of profits abroad, if they invest 3% of the amount remitted in co-productions of Brazilian independent films and TV shows (Article 39(X), MP 2,228-1/01 (provisional measure)).

  • FUNCINES (Chapter VII, MP 2,228-1/01), which are investment funds designed to finance the film industry, and are regulated by the Brazilian securities commission (CVM).

Main direct incentives (state funding)

The main direct incentives (state funding) include:

  • Prizes related to the revenues and/or artistic quality of films as follows:

    • prize for revenues (Prêmio Adicional de Renda) (PAR): awards film industry companies according to the theatrical performance of Brazilian feature films. The award must be used to finance new projects;

    • prize for quality (Programa de Incentivo à Qualidade) (PAQ): this prize is attributed to independent producers that are awarded or take part in Brazilian and/or international film festivals. The prize must also be used to finance new projects.

  • Selective state funding as follows:

    • Audiovisual Sector Fund (Fundo Setorial do Audiovisual) (FSA): this is a public fund devoted to finance projects developed by film companies (producers, distributors, exhibitors, and so on). Projects are annually selected by experts and receive direct investments;

    • Movie Theatres Expansion Programme (Programa Integrado de Expansão do Parque Exibidor) (RECINE): this programme was created to increase and develop the Brazilian theatrical market;

    • Ibermedia Programme: the Iberian-American programme selects projects to train professionals, develop international content, co-produce and distribute Iberian-American films, and so on.

Regulation and classification

3. What is the main legislation regulating the film industry in your jurisdiction. Are there any film co-production treaties between your jurisdiction and other jurisdictions? What are the national regulatory authorities?

Main legislation

There are several separate statutes regulating the film industry, the most important are:

  • Audiovisual Law.

  • Rouanet Law.

  • MP 2,228-1/2001.

  • SeAC Law.

Film co-production treaties

There are several co-production treaties (mostly bilateral but also multilateral) between Brazil and other jurisdictions as follows:

  • Bilateral treaties with, among others:

    • Argentina;

    • Canada;

    • Chile;

    • France;

    • Germany;

    • India;

    • Italy;

    • Portugal;

    • Spain;

    • Venezuela.

  • Multilateral treaties include:

    • Iberian-American Treaty (Argentina, Bolivia, Colombia, Cuba, Dominican Republic, Ecuador, Mexico, Nicaragua, Panama, Peru, Spain and Venezuela);

    • Latin American Treaty (Argentina, Colombia, Cuba, Dominican Republic, Ecuador, Mexico, Nicaragua, Panama, Peru, Spain, Uruguay and Venezuela);

    • Co-operation Protocols with Argentina, Galicia, Portugal and Uruguay.

National regulatory authorities

The national regulatory authorities are:

  • ANCINE.

  • Ministry of Culture.

 
4. What are the requirements for film classification?

Film classification is made by a special branch of the Department of Justice. The requirements are to:

  • Provide a copy of the film.

  • Present the receipt of CONDECINE's payment.

  • Submit technical classification form.

  • Submit the justification form regarding the intended classification.

The Department of Justice provides a practical guide for content rating in English (see www.mj.gov.br/classificacao).

Legal protection and contractual structures

5. How are films legally protected?

Films are subject to IP protection under the Copyright Law (Law no. 9,610/1998).

The protection includes the rights of reproduction, distribution, public performance, creation of derivative works and moral rights. The duration of the copyright work in a film lasts for 70 years from 1 January of the year following the release of the film.

Brazilian law considers as authors both the writer (or screenwriter) and the director. The producer may also be considered the author if he has organised the "work of authorship" (in other words, if he has made the arrangements necessary for making the film), or if the parties agree on that. This means that the copyright may be owned by any of these parties, or by a group of them, depending on the facts and agreements.

Moral rights belong exclusively to the director and include the rights to:

  • Be identified as the author of the film.

  • Change the film.

  • Not to release the film.

  • Object to derogatory treatment of the work.

 
6. What are the common contractual structures for film production?

The large availability of tax reliefs has resulted in the majority of Brazilian films being made with those incentives. Most financing contracts are strongly guided by the requirements of the approval of the film project by ANCINE, as a condition for the use of tax incentives.

In broad terms, the following usually occurs:

  • The producer registers with ANCINE (the amount of money that can be raised by tax reliefs depend on the producer's resume).

  • The producer submits the film project (including the budget) for ANCINE's approval.

  • ANCINE's approval allows the producer to find investors and/or sponsors that will allocate part of their due taxes to the film.

  • A bank account is opened to hold the investors'/sponsors' deposits.

  • After the majority of the budget is raised, the producer is allowed to start spending the money on the production.

The typical "Studio System" of producing films is very uncommon in Brazil, because of the stage of development of the film industry and also because of the availability of tax reliefs.

Common contractual structures that may be mentioned are:

  • Financing contracts (equity and/or sponsorship): usually, after the film project is approved by ANCINE, the producer finds investors/sponsors that are willing to place part of their due taxes on the production of the film. The parties then enter into agreements addressing both their needs and ANCINE's guidelines, which may include:

    • equity financing: whether or not investors use the Audiovisual Law (Article 1) incentive, they may have guaranteed the return of their investment; an additional percentage over that investment; and net profits participation.

    • sponsorship: several legal mechanisms allow the sponsorship of films in exchange of tax reliefs (see Question 2). Marketing departments of big companies are therefore very important components (if not decision makers) in film financing in Brazil.

  • Distribution agreements: a distributor may join the film project during pre-production as co-producer. This distributor/co-producer then keeps the distribution rights in exchange for a certain level of investment, normally raised with tax reliefs. After the distribution, the distributor/co-producer recovers all distribution expenses from the gross revenues, and charges a commission (usually 30%).

  • Production/finance/distribution (PFD) agreements: this is uncommon in Brazil. However, there are cases of PFD deals entered into with foreign studios that have subsidiaries in Brazil that take advantage of some tax reliefs applicable to them (see Question 2).

  • Development incentives: there are prizes and development programmes available to producers during the development and pre-production of a film (see Question 2).

  • Non-financing agreements: in addition to financing contracts, the producer must acquire the rights to the film (story and screenplay), secure contracts with the director and the lead cast, crew and insurance. In Brazil it is very common for the director to also play the role of the producer and to hire all needed parts to make the film. During pre-production the schedule and budget are also completed.

Litigation

7. What are the main legal issues arising in film production transactions? What are the main areas of litigation?

The main litigation issues that can arise in connection with film production transactions are related to distribution, accounting and the methods applied to calculate net profits.

A particular controversial issue involves the inspection of ANCINE over film financing and the spending of money raised through tax reliefs mechanisms and other financial benefits.

Other main areas of litigation include:

  • Copyright ownership and licensing.

  • Employment contracts.

  • Interpretation of financing and distribution agreements.

 

TV (broadcast and internet)

Sector overview and tax reliefs

8. Provide an overview of the broadcast and internet TV (or video on demand) sectors in your jurisdiction. What have been the recent major developments? What are the main companies and trade bodies/associations?

Sector overview

Broadcast TV is the most consolidated communication medium in Brazil. According to the 2010 Census, by the Institute for Geography and Statistics (IBGE), 95.67% of Brazilian homes have, at least, one TV set. Therefore, broadcast TV is probably the most effective way to reach citizens and consumers. In addition, the Institute of Public Opinion and Statistics (IBOPE) found that in 2012 broadcast TV earned 53% of the total advertising revenues in Brazil, which is more than BRL51 billion.

Broadcast TV is a highly concentrated sector in Brazil and is dominated by one network, Rede Globo, which prevails in original programming, news and sports, basically all areas of broadcast TV.

Independent TV producers work basically to paid TV channels, mainly because of the quotas imposed by the SeAC Law (see Question 1).

Internet TV is a very recent phenomenon, and there is little production devoted exclusively to the internet. However, the internet sector was responsible for 6% of the advertising revenues in 2012, more than BRL6.5 billion.

Video on demand is becoming more popular as paid TV increases its market share. According to IBOPE, paid TV has gone from five million subscribers in December 2007 to more than 15 million in August 2012, amounting to 8% of all advertising revenues (almost BRL8 billion).

Major developments

In 2011, the government passed the SeAC Law, which regulates all kinds of paid television (including cable, DTH, MMDS) and governs sensitive matters for broadcast TV. For example, Article 5 of the SeAC Law prohibits cross-control and cross-ownership between broadcast TV companies, producing companies and paid TV programmers on one side, and telecommunications companies of public interest (for example telephony and paid TV) on the other side.

Another major development is the replacement of analogue broadcast TV with digital technologies. This has already started and the process is expected to be completed during the next few years. One direct consequence of this process is the change in the public concession landscape. Digital broadcast TV signal frees spectrum space that is going to be devoted to mobile telephony. Auctions are expected to be held during the process of replacement of analogue signals with digital.

Main companies

The main companies are as follows:

  • Broadcast TV:

    • Rede Globo;

    • Rede Record;

    • SBT;

    • Bandeirantes.

  • Paid TV programmers:

    • Net Serviços;

    • Sky/Directv;

    • Vivo TV;

    • Oi TV.

  • Brazilian internet content providers:

    • UOL;

    • Globo.com;

    • Terra;

    • R7;

    • IG.

Main trade bodies/associations

The main trade bodies are:

  • Radio and TV Broadcasters Association (Associação Brasileira de Emissoras de Rádio e Televisão) (Abert).

  • Paid TV Association (Associação Brasileira de TV por Assinatura) (ABTA).

 
9. What are the applicable tax reliefs and other forms of state funding for TV programme making?

Most of the tax reliefs for film are also available for TV programme making (see Question 2), in particular are those provided for in:

  • Article 1 of the Audiovisual Law.

  • Article 3 of the Audiovisual Law.

  • Article 3(A) of the Audiovisual Law.

  • Article 39(X) of MP 2,228-1/01.

Regulation and classification

10. What is the main legislation and/or codes of practice regulating the broadcast and internet TV sectors in your jurisdiction and any TV co-production treaties between your jurisdiction and other jurisdictions. What are the national regulatory authorities?

Main legislation

The main legislation includes:

  • Federal Constitution, which gives general guidelines related to telecommunications.

  • Telecommunications Code (Law no. 4,117/1962).

  • General Telecommunications Law (Law no. 9,472/1997).

  • System of Digital Television (SBTVD) (Decree no. 4,901/2003).

  • SeAC Law.

  • Resolutions of the Ministry of Communications and of the Telecommunications Agency (ANATEL).

TV co-production treaties

Some film co-production treaties between Brazil and other jurisdictions also allow for TV production, including, among others, bilateral treaties with:

  • Germany.

  • Canada.

  • Chile.

  • India.

National regulatory authorities

The national regulatory authorities are:

  • Ministry of Communications.

  • ANATEL.

  • ANCINE.

 
11. Are there any restrictions on media ownership in the TV sector?

Broadcast TV

Law 10,610/2002 forbids foreign ownership that exceeds 30% of the capital stock and the voting capital of TV broadcasters. The control and management of these companies must be exercised exclusively by Brazilians, born or naturalised for more than ten years. In addition, foreign equity participation in these companies must be indirect through a Brazilian company incorporated in accordance with Brazilian law.

Telecommunications services of public interest

According to Article 1 of Decree no. 2,617/1998, the concessions, permissions and authorisations to exploitation of telecommunication services of public interest may be granted or issued only to:

  • Companies incorporated in accordance with Brazilian law with headquarters and management in Brazil and with its quotas or shares with voting rights owned by natural persons resident in Brazil.

  • Companies governed by Brazilian law and with headquarters and administration in Brazil.

Foreigners are therefore prevented from directly controlling companies that render telecommunication services. However, nothing precludes foreign natural persons or foreign legal entities to indirectly control those telecommunication companies through other Brazilian companies incorporated in accordance with Brazilian law, with headquarters and management in Brazil.

Paid TV

Article 29 of the SeAC Law also allows the indirect control of paid TV companies by foreign natural persons or foreign legal entities through other Brazilian companies incorporated in accordance with Brazilian law, with headquarters and management in Brazil.

Internet

Article 13 of the ANATEL Resolution no. 272/2001 (Multimedia Communications Service) also allows the indirect control of paid TV companies by foreign natural persons or foreign legal entities, provided that the control is exercised through other Brazilian companies incorporated in accordance to Brazilian Law, with headquarters and management in Brazil.

Cross-control and cross-ownership

Article 5 of the SeAC Law prohibits cross-control and cross-ownership between, on the one side, broadcast TV companies, producing companies and paid TV programmers and, on the other side, telecommunications companies of public interest (for example telephony and paid TV).

The first group of companies (that is, broadcast TV companies, producing companies and paid TV programmers) cannot directly or indirectly control or own more than 50% of the shares of telecommunications companies of public interest (Article 5, SeAC Law). Telecommunications companies cannot directly or indirectly control or own more than 30% of the shares of broadcast TV companies, producing companies and paid TV programmers. In addition, both groups of companies cannot directly explore the services rendered by the other group (Article 5, SeAC Law). However, the SeAC Law is very detailed and has several nuances to be considered on a case-by-case basis.

 
12. What are the requirements for TV programme classification?

TV programme classification is the same as that applicable to film classification (see Question 4).

A practical guide for content rating is available in English at www.mj.gov.br/classificacao.

Legal protection and contractual structures

13. How are TV programmes legally protected?

TV programmes are entitled to protection under the Copyright Law (see Question 5). There is a limited exception for sports events, which can be partially transmitted (up to 3% of the duration of the event) by entities that do not own the transmission rights (Article 42, Pelé Law (Law no. 9,615/98)).

 
14. What are the common contractual structures for TV programme production?

Brazilian network TVs act as major studios do, developing, producing, and distributing their own contents. In specific circumstances the networks purchase independent productions and syndicated programmes.

Paid TV channels exhibit mainly syndicated programmes and films. After the enactment of the SeAC Law, these channels increased their purchases of Brazilian content, which is frequently produced using the tax reliefs as those used for film (see Question 2) with the contractual structures also similar to those used in film (see Question 6).

Some paid TV channels and networks promote annual content fairs, when independent producers pitch their projects for production.

Litigation

15. What are the main legal issues arising in TV programme production transactions? What are the most commonly litigated issues and what are the main civil and criminal sanctions?

Main issues

Copyright and rights of publicity infringements are common issues in lawsuits involving either TV programmes or internet providers and websites.

Main areas of litigation

Copyright and rights of publicity infringements (see Main issues), employment contract disputes and financial disagreements are common areas of litigation.

Advertising litigation is also common. Matters involving advertising for children, false statements and offensive content are common, but usually do not reach the courts as the Counsel for Advertising Self Regulation (CONAR) usually solves these problems.

Two recent and complex issues that were brought to Brazilian courts, and are yet to be decided are:

  • Disputes between sports transmission rights owners and journalistic companies regarding the Pelé Law exemption. This exemption assures journalistic companies the right to transmit up to 3% of the duration of a sports event (Article 42, Pelé Law).

  • Disputes brought by paid TV programmers against the validity of the SeAC Law, which has been argued as unconstitutional.

Penalties

Penalties are mainly civil, and include damages and indemnifications.

The Telecommunications Code provides penalties to several conducts that may be taken by TV broadcasters. In general, violations are related to the broadcast of inappropriate content. The penalties mentioned in the Telecommunications Code vary from suspension of the programming to imprisonment.

For the internet, Law no. 12,737/2012 provides penalties for cyber crimes, such as hacking.

 

Publishing

Sector overview, collecting societies and tax

16. Provide an overview of the publishing industry (books, magazines and newspapers) in your jurisdiction. What have been the recent major developments? What are the main companies in the sector and the main trade bodies/associations?

Sector overview

The structure of the publishing industry is very similar to the one found in most other countries. It is composed of a few major groups, and several minor players, usually devoted to specific niches.

The Brazilian market share of printed books, magazines and newspapers is decreasing compared to their online versions. This can be interpreted as a natural consequence of greater access to the internet, and the substitution of the medium in which the works are embedded.

Broadcast TV accounts for the major market share in terms of advertising revenues. However, recent research carried out by the Intelligence Unit of The Economist indicates that Brazilian online media has the highest overall growth potential, which therefore assures greater revenues to the publishers that make their content available online. One of the main Brazilian newspapers (Folha de São Paulo) is connected to the same corporate group as one of the main Brazilian Internet portals (UOL) with the newspaper providing content to UOL.

However, printed books, magazines and newspapers continue to attract investors. In 1990, the revenues for the Brazilian printed book market did not exceed BRL900 million, however in 2011 it reached BRL4 billion. In addition, the number of titles published rose from 2,250 in 2000 to almost 6,000 in 2011 (according to research provided by the National Book Editors Union).

Major developments

The major development in the publishing market is the continuous migration of content from paper to digital. Tablets are the main drivers of the increase of online information traffic. Research by the Circulation Verifier Institute (Instituto Verificador de Circulação) about websites audience shows that in 2011 access to the internet via tablets increased 563%; while growth through smartphones was 321%.

Main companies

According to Rüdiger Wischenbart Content and Consulting, the three Brazilian leading publishers are:

  • Book publishing:

    • Abril Educação;

    • Saraiva;

    • FTD.

  • Newspaper publishing:

    • Folha de São Paulo (State of São Paulo);

    • Extra (State of Rio de Janeiro);

    • O Estado de São Paulo (State of São Paulo);

    • O Globo (State of Rio de Janeiro);

    • Zero Hora (State of Rio Grande do Sul).

  • Weekly magazines:

    • Veja;

    • Época;

    • Istoé;

    • Caras;

    • Carta Capital.

  • Monthly magazines:

    • Nova Escola;

    • Claudia;

    • Seleções (Reader's Digest);

    • Superinteressante;

    • Nova.

Main trade bodies/associations

The main trade bodies are:

  • Ministry of Culture.

  • International Standard Book Number (ISBN) (Funarte).

  • National Association of Magazine Publishers.

  • National Association of Newspapers.

  • National Union of Book Publishers.

  • Chamber of Books.

  • Association of Reprographic Rights.

  • Association of Copyright Law.

 
17. What are the main collecting societies in your jurisdiction (if any) and what is their role?

There are no collecting societies in the publishing market. Each publisher handles its own clearances. There is a law proposed to create the Institute of Copyright, which is currently before Congress. The basic idea behind the project is to link the institute to the Ministry of Culture and grant it powers to regulate recognition, clearance and compensation to authors.

 
18. What are the applicable tax reliefs and other forms of state funding for publishing?

Article 150, VI(d), of the Constitution forbids the government (on all its levels, federal, state and local) to impose taxes on books, newspapers, magazines and the paper used for printing purposes.

The Rouanet Law allows individuals and legal entities to deduct from their income taxes investments made in Brazilian cultural projects, including book publishing.

Regulation and contractual structures

19. What is the main legislation regulating the publishing industry in your jurisdiction? What are the national regulatory authorities?

Main legislation

The main legislation includes:

  • Constitution, which guarantees freedom of speech (Article 5(IV)), freedom of press (Article 5(IX) and Article 220), and copyrights (Article 5(XXVII)). In addition, the Constitution restricts foreign control over journalistic companies (Article 222).

  • Rouanet Law.

  • Copyright Law.

  • Law no. 10,610/2002, which restricts foreign ownership of journalistic and broadcasting companies.

  • Law no. 10,753/2003, which establishes the Book National Policy.

  • Criminal Code (Law no. 2,848/1940), which criminalises copyright infringement (Article 184).

National regulatory authorities

The national regulatory authorities are as follows:

  • Books: there is no national regulatory authority that rules and/or supervises the book publishing industry. However, there is a project of law to create the Institute of Copyright, which will be responsible for the regulation of copyright.

  • Print magazines and newspapers: the Ministry of Communications.

  • Electronic distribution of magazines and newspapers:

    • Ministry of Communications;

    • ANATEL;

    • ANCINE.

 
20. Are there any restrictions on media ownership in the publishing sector?

Restrictions on media ownership in the publishing sector are applicable predominantly on journalistic companies. Article 222 of the Constitution and Law no. 10,610/2002 prohibit foreign ownership that exceeds 30% of the capital stock and the voting capital of journalistic companies. The control, management and editorial control of these companies must be made by Brazilians, born or naturalised for more than ten years.

Participation of foreigners or naturalised Brazilians for less than ten years in journalistic companies:

  • Must be limited to 30% of the capital stock and the voting capital of the company.

  • Can only happen indirectly by a Brazilian company incorporated in accordance with Brazilian Law.

In addition, any changes in the corporate control of journalistic companies must be communicated to Congress.

 
21. What are the common contractual structures for print and electronic publishing of books?

Copyright Law allows the transmission of author's rights in any way legally possible (Article 49). The more common forms are by:

  • Licence, which is an authorisation of use that does not result in a transfer the ownership of the copyright.

  • Assignment, which consists of the transfer of one or more patrimonial rights of the author. Moral rights cannot be assigned.

These agreements may involve transfer of rights only to the book publishing, or may include rights to derivative works, such as films or TV shows. Depending on the author, the publisher may secure rights to languages other than Portuguese, and territories other than Brazil. The duration can be for a specific period, or for the whole copyright term, provided that the publisher keeps the work in print. Usually, publishers demand a long list of warranties. Registration of the publishing agreement is not necessary to bind third parties.

Distribution agreements are normally entered into between publishers and wholesalers and/or distributors, who are responsible for providing physical books or electronic versions for sale and download.

Litigation

22. What are the main legal issues arising in print and electronic publishing? What are the most commonly litigated issues and what are the main civil and criminal sanctions?

Main issues

The main issues are related to copyright infringement and liability for the content published. In particular, the issues regarding published content usually involve libel, slander, privacy and image rights.

Main areas of litigation

The main areas of litigation involve copyright infringement and liability for published content (see Main issues). Image rights are broader than rights of publicity. They assure that the image, history and biography of natural persons cannot be published without the authorisation of the interested party (Article 20, Civil Code). In practical terms, this provision forbids unauthorised biographies in Brazil. Based on this provision, several biographies were censored in the last 15 years.

Regarding electronic publishing, the Brazilian Superior Justice Court ruled that internet content providers are not obliged to supervise in advance the content posted by users. However, once informed, internet providers must take down the infringing content immediately. Internet providers must also have the means to identify users and register IP numbers (Special Appeal no. 1.186.616, MG, 2010/0051226-3, Judge Minister Nancy Andrighi).

Penalties

The penalties usually consist of indemnification for material and moral damages, and obligations to do or not to do certain acts (for example, no longer publish the content or mention the damaged person, and/or allow the person to publish his version of the facts).

Penalties for copyright infringement vary from fines to imprisonment (Article 184, Criminal Code) and are frequently imposed.

 

Video games

Sector overview and tax reliefs

23. Provide an overview of the video game industry in your jurisdiction. What have been the recent major developments? What are the main companies in the sector and the main trade bodies/associations?

Sector overview

In 2012, the video game industry grew 32% in Brazil (according to Infographic 2012, a study released by Newzoo, which is an international independent market research and consulting firm focused on the games industry). That data is even more impressive when compared to the international annual growth average, which is 7%.

In 2012, the number of Brazilian players (gamers) surpassed 40 million (15% more than 2011) (Infographic 2012). These gamers spend more than 73 million hours per day on games, resulting in revenues of BRL2.6 billion in 2012. This substantial growth is due to, among other things, decreases in prices of platforms (most of which are now produced locally) and the expansion of digital distribution, which is replacing DVD sales.

Major developments

Brazil is going through a period of migration to digital distribution platforms. For example, Tectoy, a Brazilian video game and electronics company, released its Zeebo enabled platform, which allows users to download games wirelessly using the 3G network.

Ubisoft (international gaming company) opened a game development studio, which was the first major game development studio opened in Brazil. Possibly as a result of that, Ubisoft ended 2012 as the Brazilian market leader, with a 12.8% market share of the games sales.

The Fair Game Project was set up by gaming companies located in Brazil with the purpose of reducing taxes over the video game industry. This project resulted in the draft of Bill no. 514/2011, which is devoted to reducing taxes on video games produced in Brazil. The project has not to date been voted on in Congress.

Main companies

The main companies include:

  • Brazilian companies:

    • Tectoy;

    • NC Games;

    • Hoplon;

    • Aquiris;

    • Hive.

  • International companies:

    • Ubisoft;

    • Microsoft;

    • Sony;

    • Nintendo;

    • Vivendi;

    • Synergex;

    • Warner Bros;

    • Gradiente;

    • Eletronic Arts;

    • Level Up!;

    • Sega.

Main trade bodies/associations

The main trade bodies include:

  • Association of Digital Games Developers (ABRAGAMES).

  • Commercial, Industrial, and Cultural Games Association (ACIGAMES).

  • Ministry of Sciences, Technology, and Innovations.

  • Ministry of Communications.

 
24. What are the applicable tax reliefs and other forms of state funding for making video games?

There are no current tax reliefs or state funding specifically designed for the video games industry. However, the Government and Congress are developing programmes and funds for the industry.

In addition, the Development Bank (BNDES) launched the Programme for the Development of the Software and IT Services Brazilian Industry (PROSOFT), which is designed to foster the market share of Brazilian companies that produce and develop new products, including video games. PROSOFT provides for special credit lines and bank loans granted on special conditions.

Another form of state funding is the Ginga Program, which was developed by the Ministry of Communications. Ginga is the name of a free middleware that allows users to create interactive applications, including video games, to be included in the Digital Broadcasting TV System. By 2013, the government intends to invest BRL5 million to train new professionals and create new applications.

The Rouanet Law, which grants tax reliefs, may be used to fund video games provided that the game is planned as part of a cultural project. Several states and municipalities also provide local tax reliefs for:

  • Cultural productions (including games if part of cultural projects), for example, Law no. 12,268/2006 of São Paulo State.

  • Industries and companies that are located in certain areas (most of which are not specific for the gaming business).

Classification

25. What are the requirements for video game classification?

Video game classification is very similar to film classification (see Question 4).

The Department of Justice also takes into account international classifications issued by the Entertainment Software Rating Board (ESRB) and the Pan European Game Information (PEGI), which are valid as pre-requisites of self-classification. However, there is no automatic recognition of the age ratings of those two organisations and the ratings used in Brazil.

A practical guide for content rating is available in English at www.mj.gov.br/classificacao.

Legal protection and contractual structures

26. How are video games legally protected?

Video games are entitled to protection under the Copyright Law (see Question 5).

In addition, video games, as software, are protected under the Software Law (Law no. 9,609/1998). This law provides for the "work made for hire" procedure. It recognises only some moral rights for authors (including the right to be identified as the author of the software, and the right to impede derogatory treatments of the work).

 
27. What are the common contractual structures for video game development and production?

Development and production of video games are relatively new activities in Brazil, which historically has been a big consumer but only in the last ten years became a supplier of games. The industry is still composed of only a few independent developers, who do all the work from development to distribution, and even fewer international groups that develop video games in Brazil (Ubisoft is the main one).

However, the industry tends to follow international contractual structures, including:

  • Agreements between publishers and developers, with publishers providing the budget to the developers, recouping the investments or advances from the net sales, and then paying royalties on net sales. Rights to sequels, add-ons, merchandising and other products may be negotiated on a case-by-case basis.

  • Direct investments in game development companies.

  • In house development and production of specific games.

  • Development and production of specifically commissioned games, such as advergames (that is, video games that in some way contain an advertisement for a product, service, or company) and educational games.

Litigation

28. What are the main legal issues arising in video game development and production transactions? What are the main areas of litigation?

Main issues

The main issues involve ownership and clearance of rights (see Main areas of litigation).

Main areas of litigation

The main areas of litigation are:

  • Ownership of the IP rights involved in the development and production of the games.

  • Clearance of rights of publicity that belong to:

    • real people involved in the games, such as in sports games; and

    • places, arenas and stadiums reproduced in the games.

  • Advertising inside the game environment.

  • Ownership of the rights to sequels, prequels, spin-offs, merchandising, add-ons, and so on.

  • Multi-platform uses of the game.

  • Piracy and counterfeiting.

 

Music

Sector overview, collecting societies and tax reliefs

29. Provide an overview of the recorded and live music industry in your jurisdiction. What have been the recent major developments? What are the main companies in the sector and what are the main trade bodies/associations?

Sector overview

The Brazilian recorded music industry went through structural changes during the past ten years. In particular, sales of physical albums have significantly decreased, which led to the bankruptcy of several distributors and retailers, while file sharing and piracy have increased.

However, in 2011 music sales increased 8.4% and 74% of these sales were of physical albums (CDs, DVDs and Blu-ray) (according to a recent study by the Association of Album Producers (ABPD)).

In addition, after more than two decades of MTV's domain over the music TV market, three other competitors entered the market (the cable TV channels VHL, Multishow, and Bis (which is a Multishow spinoff)).

Live music events, such as concerts and festivals, had substantial growth in the last ten years. Until the early 2000s, no more than two or three international artists performed in Brazil per year, with one big festival once in a while. However, Brazil is now a mandatory stop for international tours, with concerts not only in São Paulo and Rio, but also in several other main cities. Rock'n Rio is now a regular festival (every two years) and Lollapalooza (American festival) started a local annual franchise.

Brazilian law provides that students, some eligible teachers and the elderly have the right to pay only 50% of the full price of tickets (half-ticket). However, this leads to ticket price inflation, as there is a cross-subsidisation between full priced and discounted tickets. The "fake student IDs" industry has also aggravated the situation. This issue has been subject of several debates brought by FIFA and the International Olympic Committee (COI), due to upcoming sports events in Brazil (the World Cup and the Olympics).

Major developments

The Cultural Allowance Law (Law no. 4,682/2012) provides for an allowance paid by employers to employees that make less than five times the minimum wage per month (the current minimum wage is about US$350). This cultural allowance must be spent by employees on cultural products, such as literature, movies, theatre, museums and music. Employers can include the amount spent on the cultural allowance as a deductible expense when calculating the amount to be paid as income tax until 2017.

Main companies

  • Recording and publishing companies:

    • Som Livre (Brazilian company);

    • Universal Music;

    • EMI Music;

    • Sony Music;

  • Live music promoters:

    • Dream Factory (Rock'n Rio);

    • GEO Eventos (Lollapalooza);

    • IMX.

  • Venue operators:

    • Credicard Hall;

    • HSBC Brasil.

  • Ticketing companies:

    • Ticketmaster;

    • Ingresso Rápido.

Main trade bodies/associations

The main trade bodies are:

  • ABPD.

  • Association of Music and Arts (ABRAMUS).

  • Union of Composers (UNB).

  • Collecting and Distribution Central Office (ECAD).

 
30. What are the main collecting societies in your jurisdiction (if any) and what is their role?

The main collecting society is ECAD, which issues blanket licences for public performances of music and distributes royalties to its members. Mechanical licences and music synchronisation must be cleared directly with publishers.

 
31. What are the applicable tax reliefs and other forms of state funding for the music industry?

The Rouanet Law grants a tax relief provided that the music event or recording is planned as part of a cultural project.

In addition, several states and municipalities provide local tax reliefs for cultural production (including music), such as Law no. 12,268/2006 of São Paulo State, which created the Cultural State Fund.

Legal protection and contractual structures

32. How are musical compositions, (including lyrics) and recorded music, legally protected?

Musical compositions, lyrics and recorded music are subject to IP protection under the Copyright Law (see Question 5).

The protection includes the rights of:

  • Reproduction.

  • Distribution.

  • Public performance.

  • Creation of derivative works.

  • Moral rights.

The duration of the copyright of musical compositions, lyrics and recorded music lasts for 70 years from 1 January of the year following the death of the author.

Producers of recorded music and performers are also protected by the Copyright Law, and each work (musical composition, lyrics and sound recording) is protected independently from the others by different copyrights.

Moral rights include the rights to:

  • Be identified as the author of the work of authorship.

  • Modify the work.

  • Not to release the work.

  • Object to the derogatory treatment of the work.

Those copyrights do not depend on registration. Conversely, they arise from original works of authorship expressed through any medium or fixed in any tangible or intangible medium.

 
33. What are the laws surrounding file sharing, downloads and streaming music in your jurisdiction? How are they enforced?

There are no specific statutes governing file sharing, downloads or streaming music in Brazil. However, there are statutory provisions grounded in anti-piracy policies.

For example, Article 184 of the Criminal Code imposes penalties for copyright infringement, which vary from fines to imprisonment. Law 12,737/2012 also provides penalties for cyber crimes, such as hacking.

Through Decree no. 5,244/2004, the Federal government instituted the Council of Piracy Combat and Crimes Against Intellectual Property, which is responsible for defining and enforcing policies on those matters.

The Congress and Government expect to pass the bill of civil rights framework for the internet (Marco Civil da Internet) in 2013, which will regulate some of the internet's main aspects. Issues to be regulated by the Marco Civil da Internet include the principle of net neutrality and internet services providers' responsibilities relating to content published and services offered.

 
34. What are the common contractual structures for the exploitation of rights in musical compositions and recorded music?

Publishing agreements

Authors of musical compositions frequently enter into agreements with publishers to assign specific or future compositions (with a five years' limitation for future works, under the Copyright Law). The parties may have options to renew the agreements, and the royalties/payments arrangements vary on a case-by-case basis. Publishers then control all copyrights, including mechanical and synchronisation rights.

Recording agreements

These contracts may be entered into by record companies, artists and/or music producers in order to produce specific sound recordings, an album or a series of albums. Payments may be made as advances or royalties over the sales.

360 agreements

360 agreements are made by major companies and renewed artists so that all aspects of the artist are managed by the company. From publishing to merchandising, any and all of an artist's needs are fulfilled by one company.

Distribution deals

Distribution deals are entered into by record companies and artists that do not own distribution channels, and specialised or independent distributors. The distribution may be exclusive, and usually encompasses both physical and digital distribution. Record labels and artists can also enter into distribution contracts directly with internet music distributors, such as Apple, Amazon, Google, and so on.

Litigation

35. What are the main legal issues arising in the contracts for the exploitation of rights in musical compositions and recorded music? What are the main areas of litigation?

Main issues

The main legal issues arising from contracts are related to:

  • New media.

  • Future works of authorship.

The exploitation of copyrights transferred through agreements is restricted to the existing media at the time of the contract (Article 49(V), Copyright Law). Therefore, new agreements are required to regulate the exploitation of copyrights in new media.

In addition, contracts can only bind an author's future works of authorship for five years (Article 51, Copyright Law).

Main areas of litigation

During the last ten years issues relating to contracts in new media and future works of authorship (see Main issues) led to litigation regarding the exploitation of old music on the internet and involving the hiring of talents by record labels. However, a new copyright bill is being discussed by Congress and it is expected that in the near future Brazil may have more copyright legislation to work with.

Other common litigation themes involve copyright infringement, piracy, file sharing and the collecting society ECAD, which was accused by the Administrative Council of Economic Defense (CADE), the Association of Paid TV (ABTA) and the broadcast network Rede Globo of creating cartels.

 

Sport

Sector overview

36. Provide an overview of the sports industry in your jurisdiction. What are the main sporting bodies in your jurisdiction? What have been the recent major developments? What are the main sporting bodies/associations?

Sector overview

The sports industry in Brazil is estimated at BRL67 billion and accounts for 1.6% of national GDP.

Brazil will host the World Cup in 2014 and the Olympic Games in 2016. It is expected that the sports industry participation in national GDP will grow up to 22% in the next three years. These events are already leveraging tourism and infrastructure development, stimulating different sectors of the economy and improving the quality of services. The direct infrastructure related to the events (stadiums, training centres, and so on) and the secondary infrastructure (traffic lanes, trains, services, hotels, and so on) are being developed with public and private investments.

Major developments

During the previous 15 years the following two sets of laws have shaped the sports industry:

  • Pelé Law, as amended, instituted several changes in the sports legislation. The main changes were related to the:

    • responsibility of the managers of sports entities; who can be held personally liable for debts of the sports entities in cases of abuse or misuse of their position;

    • nullity of certain contractual provisions that restricted players' transfers;

    • structure of labour contracts;

    • rights in the benefit of teams that develop talents;

    • rights of publicity for athletes and teams.

  • Sports Incentive Law (Law no. 11,438/2006) instituted incentives and tax benefits to foster sports activities. This statute authorises individuals and legal entities to deduct from their income tax all amounts invested for the purpose of sponsoring sports projects previously approved by the Ministry of Sports. The limits are 1% of the due income tax for legal entities, and 6% for individuals.

In addition, some states have local sports incentives statutes. For example, Rio de Janeiro instituted tax reliefs for sports projects through Law no. 1,954/119 and Decree no. 40,988/2007. According to these rules, sports projects' sponsors can have discounts of up to 4% on value added tax over goods (ICMS).

Main bodies/associations

There are several private associations designed to manage and self-regulate sports practice in Brazil. Similar to leagues, most entities are called confederations and represent practically all athletes and teams. The main bodies/associations are:

  • Football Confederation (CBF).

  • Olympic Committee (COB).

  • Volleyball Confederation (CBV).

  • Judo Confederation (CBJ).

  • Basketball Confederation – Brazil New Basketball (NBB).

  • Athletics Confederation (CBAt).

Two specific bodies were created to organise the FIFA World Cup and the Rio Olympics:

  • Local Organiser Committee, linked to CBF.

  • Olympics Organiser Committee, connected to COB.

Regulation and contractual structures

37. What is the main legislation regulating the sports sector in your jurisdiction? What are the national regulatory authorities?

Main legislation

The sports sector is for the most part self-regulated, with national and international rules governing the confederations and sport practice itself. However, several laws also regulate sports in Brazil. The main statutes are:

  • Constitution: Article 217 provides for government duties, entities' rights, and so on.

  • Pelé Law as amended institutes general rules about sports.

  • Supporters' Statute (Law no. 10,671/2003) establishes and governs supporters' rights.

  • Sports Incentive Law (Law no. 11,438/2006) establishes tax incentives aimed at promoting sports.

  • Law no. 12,035/2009 governs several aspects of the 2016 Olympic Games.

National regulatory authorities

The national regulatory authorities are:

  • Ministry of Sports: the main regulatory authority, responsible for the development and monitoring of sport policies and practice support along with the National Sports Council.

  • Anti-Doping National Agency (ANDAD): this was created by the Athletics Brazilian Confederation, which is responsible for overseeing the consumption of substances of controlled use by professional athletes.

 
38. What are the common contractual structures for agreements between broadcasters and sports rights owners?

Pelé Law provides that sports entities (teams, leagues, federations or confederations) own the media rights over sports events that they organise/take part in (cf. Article 42). These rights are called "arena rights", which are usually subject to the following contracts:

  • Broadcast agreements. The rights holder (the sports entity) grants its arena rights over all events related to one or more competitions to a TV network (Globo, Band, Record), or cable TV (SporTV, ESPN, Fox Sports, Band Sports) for a specific time frame (normally five years for local annual competitions). Then, the networks may broadcast and/or transmit live feeds. These agreements are heavily dominated by Rede Globo, and its cable channel (SporTV), which usually retains the rights to license the arena rights to third parties. The buyer has the option to acquire specific rights for each platform, as TV rights, radio, internet, mobile telephony, and so on, and for specific territories, languages, types of payment (such as pay-per-view), and type of programme (live or delayed transmissions, and so on).

  • Broadcast licences. The arena rights granted by the sports entities to networks can be licensed by these networks to other networks, including Brazilian ones. Rede Globo, for example, usually licenses its acquired arena rights to Band, which broadcasts some events permitted by contract. These events may also be licensed to other media and devices, both domestically and internationally.

  • Advertising contracts. The broadcast contracts and licence agreements may also regulate advertising exploitation. Depending on the sport entity, it may be capable of holding some advertising rights, such as advertisements on the team clothing, or advertisements at the sports venue. In other cases, the payment made by the network includes advertising revenue. The broadcast licences may then restrict the advertising made by the licensee. As the market is limited to a few companies and sports entities, there is no strict practice, and practically all kinds of advertising may be explored on this field, from naming rights to merchandising during the events.

Rights in sporting events

39. How are rights in sporting events acquired and owned?

Brazilian law assures to sports entities the following rights:

  • Media rights (arena rights).

  • Image rights (which are broader than the rights of publicity).

  • Rights related to intellectual property (such as copyright and trade mark) that allow acquisition and ownership of rights in sporting events by TV networks, cable channels, radios, internet portals, and so on, through bids held periodically by the sports entities.

Arena rights

Sports entities own media rights over events that they take part in (Article 42, Pelé Law). These are arena rights, which consist of the exclusive right to negotiate, authorise or prohibit the recording, fixation, emission, transmission, retransmission or reproduction of any images of sports events in any way or process.

Image rights

The Constitution and the Civil Code assure image rights to any person, including rights of publicity. The athletes' image rights are compensated with 5% of the arena rights paid by the networks to the sports entities (Article 42(1), Pelé Law).

Rights related to intellectual property

Intellectual property rights that belong to sports entities are also subject to acquisition and ownership. Through licences of use, sports entities authorise the use of their copyright, logos, venues, and media spots to sponsors and broadcasters.

Litigation

40. What are the main legal issues arising from the acquisition and ownership of rights in sporting events? What are the main areas of litigation?

The main issue arising in connection with the acquisition and ownership of rights in sporting events is the change regarding the football entity that is entitled to negotiate media rights (football/soccer is the most lucrative media right negotiated in Brazil). The Pelé Law assures arena rights to any sports entity, including teams, franchises, leagues, federations and confederations. Until 2011, these rights were negotiated by the leagues on behalf of all teams and franchises. Following some changes regarding the internal structure of the CBF, the negotiation is now made by each team directly with the broadcaster. This change may turn the Brazilian football scenario, which still looks like the American NFL situation (where several teams make practically the same amount of money from the media rights), into the Spanish La Liga (where two main clubs share the majority of revenues).

The main areas of litigation are:

  • Media rights: disputes between sports transmission rights owners and journalistic companies (for example, websites and TV Networks that to not own the sports transmission rights), regarding the Pelé Law exemption. This exemption assures journalistic companies the right to transmit up to 3% of the duration sports events (Article 42, Pelé Law).

  • Anti-trust: Rede Globo, the major TV network has been acquiring media rights of football events for decades. Following a long lawsuit, CADE has been supervising the sector to avoid the formation of a broadcasting monopoly.

  • Labour litigation: common issues are transfer of athletes between teams and penalties for termination of contracts.

  • Copyright and rights of publicity infringements: common issues involve merchandising, piracy and unauthorised use of intellectual property.

 

Online resources

Brazil Legislation

W http://4.planalto.gov.br/legislacao

Description. Official website with up-to-date information, in Portuguese only.

Supremo Tribunal Federal

W http://2.stf.jus.br/portalStfInternacional/cms/verConteudo.php?sigla=portalStfSobreCorte_en_us&idConteudo=120010

Description. Official website with the English version of the Constitution. It contains up-to-date information. The English version is for guidance only.

Securities and Exchange Commission

W www.cvm.gov.br/ingl/indexing.asp

Description. Official website of the Securities and Exchange Commission with some securities legislation in English. It contains up-to-date information. The English version is for guidance only.

Practical Guide for Content Rating

W http://portal.mj.gov.br/classificacao

Description. English version of the Practical Guide for Content Rating, issued by the Department of Justice. This is an official source with up-to-date information. The English version is for guidance only.



Contributor profiles

Maurício Vedovato, Head of the Entertainment, Media, and Sports Department

Lilla, Huck, Otranto, Camargo Advogados

T + 55 11 3038 1010
F + 55 11 3038 1111
E mauricio.vedovato@lhm.com.br
W www.lhm.com.br

Professional qualifications. Brazil, Solicitor, 1999

Areas of practice. Entertainment; media; sports; intellectual property; copyright; internet; telecommunications.

Recent transactions

  • Advising companies in financing, production and distribution of feature films, animation, TV shows and documentaries.
  • Advising a Mixed Martial Arts organisation in their production of TV reality shows.
  • Advising cable TV companies.
  • Advising clubs, athletes and their agents on a broad range of issues.
  • Advising TV hosts and talents on several issues, including wealth management in general.
  • Advising music producers regarding music industry.
  • Advising websites and internet platforms.
  • Advising companies of the luxury goods sector.

Juliana Krueger Pela

Lilla, Huck, Otranto, Camargo Advogados

T + 55 11 3038 1010
F + 55 11 3038 1111
E juliana.pela@lhm.com.br
W www.lhm.com.br

Professional qualifications. Brazil, Solicitor, 2001

Areas of practice. Corporate; intellectual property; contracts.

Recent transactions

  • Advising artists in intellectual property agreements.
  • Advising cable TV companies in telecommunications regulatory issues.
  • Advising companies in the financing, production and distribution of feature films, animation, TV shows and documentaries.
  • Advising a multinational company acting in the luxury sector to acquire its main distributor in Brazil.

Fabio Weinberg Crocco

Lilla, Huck, Otranto, Camargo, Advogados

T +55 11 3038 1066
F +55 11 3038 1100
E fabio.crocco@lhm.com.br
W www.lhm.com.br

Professional qualifications. Brazil, Solicitor, 2010

Areas of practice. Entertainment; media; sports; corporate; insolvency and antitrust.

Recent transactions

  • Advising companies in financing, production and distribution of feature films, animation, TV shows and documentaries.
  • Advising the Mixed Martial Arts organisation in their production of TV reality shows.
  • Advising clubs, athletes and their agents on a broad range of issues.
  • Advising websites and internet platforms.
  • Advising client in an acquisition by a multinational company acting in the luxury sector of its main distributor in Brazil.

Camila Marchetti Villares

Lilla, Huck, Otranto, Camargo Advogados

T +55 11 3038 1066
F +55 11 3038 1100
E camila.villares@lhm.com.br
W www.lhm.com.br

Professional qualifications. São Paulo, Brazil, Solicitor, 2010

Areas of practice. Contractual; merger and acquisitions; corporate.

Recent transactions

  • Working on the acquisition by a multinational company in the luxury sector of its main distributor in Brazil.
  • Working on incorporation and registering of trade marks with the National Institute of Industrial Property (INPI) and drafting the terms of use of a virtual platform of crowdfunding.

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247806420415", "objName" : "Broadcasting, media and entertainment law in Brazil overview", "userID" : "2", "objUrl" : "http://us.practicallaw.com/cs/Satellite/us/resource/3-525-9196?null", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "true", "analyticsPermCookie" : "25e8a493e:15b13085790:3846", "analyticsSessionCookie" : "25e8a493e:15b13085790:3847", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }