What is the author’s right?
"Author’s right" is the expression that describes the legal rights granted by author’s rights laws to the creators. These rights are aimed at protecting the relationship between the author and his/her work and allow him/her to authorize or prohibit its use. The existence of these rights are in line with article 27-2 of the Universal Declaration of Human Rights, published by the United Nations in 1948, which says: "Every person has the right to the protection of the corresponding moral and material interests due to the scientific, literary or artistic productions he/she is an author of". In Brazil, the Author’s Right is ensured by art. 5, subsection XXVII and XXVIII of the Brazilian Constitution (CRFB/88= and regulated by Law 9610/98.
Is the audiovisual work protected by the author’s right?
Yes, the audiovisual work is protected under the terms of art. 7, subsection VI of Law 9610/98:
“Art. 7: Protected intellectual works are the creations of the human spirit, expressed by any means whatsoever or set in any format, tangible or intangible, known or to be invented in the future, such as: (…) VI – the audiovisual works, with or without sound, including films;”
Is the director the author of the audiovisual work?
Yes, according to Law 9610/98, the author of the literary, musical or literary-musical plot or topic and the director are co-authors of the audiovisual work. In addition, the exercise of the moral right on the audiovisual work belongs exclusively to the director. Although our legislation already ensures the director the capacity as author, the compensation or collection related to the directors’ author’s rights for communicating the audiovisual work to the public has not been regulated yet. Currently, only composers and performers of the musical or literary-musical works receive compensation for communicating their works to the public, including the performance of the musical works that have been synchronized in audiovisual works.
What is the purpose of the DBCA?
The purpose of the DBCA is to defend the author’s rights of film and audiovisual directors, promoting, with its members’ support, the exercise of the collective management of author’s rights related to the use of the audiovisual works, through the regulation of collection for communicating the audiovisual work to the public in Brazil; also for directors in their capacity as co-authors of the film and audiovisual work.
What is collective management?
Many times, the control and collection, individually, for the successive use of works subject to author’s right are hard and onerous for the author. For example, a TV station uses around 60,000 musical works per week. An author cannot supervise a TV station by himself/herself, he/she could not do it either to a hundred of TV stations around the entire world which can be using his/her work permanently. On the other hand, it would be very difficult for the TV station to contact each author individually every time a work is used. If this piece of work is a film, the situation would be even more complicated, since the audiovisual work is made up of a set of different authors, with different categories of creative work (the musician, the author of the literary plot and the director).
How do collective management associations work throughout the world?
The solution found by the authors to reduce the gap between them and the users of their works is to get together in order to manage their rights collectively. This is how they created the "collective management associations" which take action in the entire world with different repertoires. That is to say, there are those representing and managing music composers and performers’ rights, others representing and managing the writers’ rights, and so on. Currently, there are nearly two million of authors who are members or are affiliated to associations such as CISAC (cisac.org/) – Confédération Internationale des Sociétés d´Auteurs et Compositeurs (International Confederation of Authors and Composers). CISAC has, among its members, all the associations which purpose is the collective management of authors´ rights. This shared management allows the owners of authors´ rights to organize around the common goal of charging for the use of works protected by the author’s right in all the formats capable of exhibiting, publishing, reproducing and transmitting them, ensuring the creators the corresponding compensation for the use of their works.
Which are the collective management associations supporting DBCA?
DBCA has the explicit international support of DAC (Argentinean Film Directors), which, as from 2009, has regulated the collective management in Argentina and is currently performing this work successfully, of SOMEDIRE (Mexican Directors), of DASC (Audiovisual Directors Colombian Management Company) and ATN/Chile (National Theater, Film and Audiovisual Authors Company), such as DAC, gathered under the supervision of ADAL (Latin American Audiovisual Directors Alliance); and in Europe, with the support of the Writers & Directors Worldwide and the CISAC itself.
Who can become a member of DBCA?
Any film and audiovisual directors, their heirs, having their fiscal domicile in Brazil and whose works produce rights, that is to say, which have been exhibited commercially.
How do I register my work?
Enter the website (dbca.declaraciondeobra.org/dbca) and follow the instructions. In case of doubt, send a mail to (email@example.com). It is important when registering your work that you know DBCA’s Bylaws, available in full in this website.
Is there any cost for registering my work?
No. Registering your audiovisual work in DBCA, either film or TV, has no cost. Neither is there a monthly payment for being a member of DBCA.
What genre of work can I declare?
All fiction, non-fiction or animation movies (full- and short-length) and also all the audiovisual fiction, non-fiction or animation TV works (series, full-and short-length).
Is there any deadline regarding the production year of the audiovisual work?
None provided that you are the director of the audiovisual work.
I already registered my works in another association, can I become a member of DBCA?
Yes, it is very simple. You have to inform that you do not want to continue being a member of the other association. Once this is confirmed through an appropriate document, the proceedings for your membership in DBCA will be started.
With the strong support of
Latin American Audiovisual Directors Alliance
Societies which provide their support with reciprocal agreements to Diretores Brasileiros de Cinema e do Audiovisual
National Theater, Film and Audiovisual Authors Association
General Association of Film and Audiovisual Directors Authors from the Argentine Republic.
Audiovisual Directors Colombian Association
Audiovisual Work Makers,
IMPORTANT SUPPORT FOR LATIN AMERICAN AND EUROPEAN SOCIETIES
Derechos de Autor de Medios Audiovisuales See support letter
Société des Auteurs et Compositeurs Dramatiques See support letter
See support letter
Alianza de Directores Audiovisuales Latinoamericanos See support letter
Directores Argentinos Cinematográficos See support letter
Writers & Directors Worldwide
See support letter
Sociedad de Autores Nacionales de Teatro, Cine y Audiovisuales See support letter
See support letter
Sociedad General de Autores y Editores
See support letter
Società Italiana degli Autori ed Editori
See support letter