Notícias
Musical Inheritance: Who Has the Right to an Artist’s Legacy?
Musical Inheritance: Who Has the Right to an Artist’s Legacy?
Preserving a musician’s legacy after their passing in Brazil involves legal matters that go beyond melodies and lyrics. Protecting copyright and inheritance rights is essential to ensure the artist’s work is respected, safeguarded, and valued.
Below are the key points to ensure the proper management of a musical legacy:
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Estate Planning and Musical Legacy
Artists can plan the management of their copyright and image rights during their lifetime by drafting wills and closely following copyright laws. -
Moral and Economic Rights
Moral rights (such as authorship and the integrity of the work) are non-transferable, while economic rights can be inherited. These are protected for 70 years after the author’s death. -
Public Performance and Use of Music
Public performances, such as concerts, do not require prior authorization, but fees must be paid to ECAD (Central Collection and Distribution Office). However, recording or commercially using the music requires authorization from all heirs. -
Use of the Artist’s Image
An artist’s image, protected under personality rights, also requires authorization from their heirs to be used in music videos or advertising campaigns, always respecting the wishes expressed during their lifetime. -
Trademarks and Bands
After a band member’s death, the use of the band’s name or trademarks must be governed by prior agreements among members. Heirs may assume the use of the trademark, as stipulated. -
Unregistered Works
Copyright protection begins at the moment a work is created, regardless of formal registration. Even if a song was never officially registered, the heirs are entitled to it, provided its creation can be documented.
Proper management of these rights is crucial to prevent legal disputes and to ensure the artist’s legacy continues to be appreciated by future generations.
For more information, feel free to contact us at: international@simoes-ip.com
