Samba, Law, and Culture: how Brazilian law protects this national symbol.

Samba is more than just a musical genre, it carries history and reflects Brazil’s cultural diversity.
But like any artistic expression, samba is also subject to legal matters, especially when it comes to copyright and cultural protection.

Musical Compositions and Copyright
As a musical work, samba is protected by copyright from the moment of its creation. This gives the composer exclusive rights over the melody, lyrics, and performance of their work.
According to Law No. 9.610, the author of a song holds both economic and moral rights, controlling how their music will be reproduced, distributed, and publicly performed.
Although registration is not mandatory, it helps prove authorship in legal disputes. Composers can register their work with the National Library or other authorized entities to ensure official recognition and prevent unauthorized use.

Samba and the Public Domain
Many historic sambas, now considered classics of Brazilian music, have entered the public domain over time. This occurs when copyright expires 70 years after the author’s death, as established by the Copyright Law.
After this period, works can be used freely, without needing permission from the heirs.
This is common with sambas by masters like Pixinguinha, Caymmi, and Noel Rosa, whose music continues to be played in samba circles and Carnival parades, enriching our culture and being reinterpreted by new artists.

Samba as Intangible Cultural Heritage
In 2005, IPHAN (National Institute of Historic and Artistic Heritage) recognized samba as an intangible cultural heritage of Brazil, protecting it as a cultural practice and popular tradition.
This recognition ensures the preservation of samba for future generations, maintaining its continuity as a symbolic and identity-rich expression of our people, especially during popular festivities like Carnival.
This intangible protection allows samba circles, street bands, and samba schools to continue their legacy, free from legal issues related to intellectual property.

The Difference Between Work Protection and Cultural Practice
Copyright: Protects musical works (lyrics, melody, and performance), giving the author control over their creation and preventing unauthorized use.
Intangible Cultural Heritage: Refers to the preservation of cultural practices involving samba, such as samba circles and Carnival expressions. This type of protection seeks to keep the cultural practice alive, independently of the copyright status of the musical works.

For more information, we are available at international@simoes-ip.com