Agência Brasil explains how copyright collection works - ISTOÉ DINHEIRO

THE Law 9.610/98, known as copyright law, guarantees Brazilian composers and other artists in the music sector remuneration for the use of their music when used by third parties. Therefore, every place that uses music publicly must pay royalties to artists, which happens through the Central Office of Collection and Distribution (Ecad), a private non-profit institution.

Ecad is responsible, in Brazil, for charging copyright whenever there is public use of music in any channel or space, whether radio, television, cinema, environmental sound, digital platforms, party houses, concerts and other places of collective frequency. .

Values

According to Ecad, the definition of the amount to be paid considers, among other factors, the place where the music is played, its importance for the business, branch of activity, type of musical use and socioeconomic region of the establishment. Commercial stores, radio stations and cinemas, for example, have different charging criteria due to the nature of their activities and their musical use.

Payment of copyrights must always be made prior to musical use and is made exclusively by means of a bank slip, which can be monthly (for radio and TV stations, commercial establishments, digital platforms, among others) or occasional (in case of shows and events).

Ecad collects the copyrights of channels and spaces that use music, identifies the songs and distributes the values to the Brazilian Association of Music and Arts (Abramus), the Association of Musicians, Arrangers and Conductors (Amar), the Association of Interpreters and Musicians (Thus), the Brazilian Society of Music Authors, Composers and Writers (Sbacem), the Independent Society of Music Composers and Authors (Sicam), the Brazilian Society for the Administration and Protection of Intellectual Rights (Socinpro) and the Brazilian Union of Composers (UBC). These associations manage Ecad and are responsible for managing and distributing copyrights directly to composers and other affiliated music holders.

Calculation

The calculation of copyright follows criteria established in the Collection Regulation and its price list, defined by the music associations that manage Ecad, for each segment of public performance.

For radios, the calculation of the amount to be paid is based on the power and location of the station. In case of shows and events, it is necessary to identify whether the music will be performed live or mechanically, whether the user is permanent or occasional, whether there is revenue, among other requirements. At the site of Ecad it is possible to make a simulation in order to obtain an estimate of the amount to be paid for monthly fees or occasional use.

Distribution

Of the total amounts collected by Ecad, 85% are passed on to composers, performers, musicians and other holders. Another 5% goes to the music associations that are part of the collective management, destined to their operating expenses. The remaining 10% is transferred to Ecad, for the administration of activities throughout Brazil.

Ecad management reminds you that all balance sheets and annual reports are available for consultation at the site from office.

Criteria

The distribution of copyright for public musical performance is based on criteria used internationally and defined by the General Assembly, composed of collective music management associations.

In the distribution of copyrights for public performance, the holders of copyright (composers and publishers) and related rights (performers, musicians and phonographic producers) are contemplated. The former receive two-thirds of the value of the musical work, while the holders of related rights receive one-third.

More details on copyright distribution can be accessed at blog of Ecad.

Charge

Ecad has 21 offices in the main capitals and regions of Brazil. It also has the support of 17 accredited agencies that operate in places where they do not have their own offices. The copyright collection work is carried out by the teams by emailstelephone calls and face-to-face assistance.

All technicians who work in the collection in person have a functional identification badge with photo and name. Ecad also makes available in its site the names of the professionals qualified to carry out the collection of copyrights.