Pedro Nicoletti Mizukami, Ronaldo Lemos, Bruno Magrani & Carlos Affonso Pereira De Souza - Exceptions And Limitations To Copyright In Brazil: A Call To Reform

Under the terms of the Berne Convention and TRIPS Agreement, member countries are required to enforce copyright on all works for the author’s lifetime plus at least fifty years. These treaties leave room, however, for national legislatures to create exceptions and limitations to these general rules — defining specific circumstances in which users may copy, share or modify a work without obtaining the rights holder’s specific consent. This paper examines these user rights in the Brazilian legal context. Through a review of the statutory law and two case studies, the authors illustrate how copyright can make it difficult to access scholarship and cultural materials, particularly in developing countries.

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