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PÉRISSON ANDRADE E MASSARO ADVOGADOS
Office in São Paulo, serves Osasco, Brazil
Consultation Free · 15 minutes
Hourly rate R$ 1,200

Founded in 2008
10 people in their team
Portuguese
English
Italian
Périsson Andrade e Massaro Advogados é um escritório full service de São Paulo, fundado há 18 anos, que atua em todo o Brasil e no exterior. Assessoramos empresas e pessoas físicas com o mesmo padrão de qualidade, do microempresário à grande corporação. Os sócios Périsson Andrade e...
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When an Osasco creator or business should seek copyright advice

Copyright disputes in Osasco are handled under Brazil’s federal law, not a separate municipal copyright code. A lawyer can assess ownership, permitted use, evidence, and potential court action in the context of your work and the dispute.

This often matters to local photographers, designers, musicians, videographers, software developers, publishers, event producers, and businesses commissioning creative work. The work may be used in Osasco, shared online nationally, or copied across borders, which can affect the evidence and remedies to consider.

Copyright protection generally arises without registration, but dated drafts, contracts, source files, and publication records can help establish authorship and timing. A lawyer can also assess whether the issue concerns copyright, a trademark, a contract, or more than one right.

Situations where a copyright lawyer may help

  • A local business finds its product photographs, promotional video, or website text copied by a competitor, and needs to assess evidence and possible remedies.
  • A photographer, designer, or developer working with an Osasco client disputes who owns the commissioned work or what uses the agreed fee covers.
  • A musician or event producer faces unlicensed use of music in a performance, recording, livestream, or promotional campaign.
  • A creator discovers their work reposted on a social platform and needs to preserve evidence, request removal, or consider legal action.
  • A business receives a demand alleging that its advertising, software, images, or music infringes someone else’s rights.
  • Several authors or performers disagree about credit, licensing income, or permission to adapt and distribute a collaborative work.

Brazilian laws that apply in Osasco

Federal Law No. 9,610/1998, the Copyright and Related Rights Law: This law was published on February 20, 1998, and took effect 120 days later. It governs protected works, authors’ rights, permitted uses, and remedies; Article 18 provides that copyright protection does not depend on registration.

Federal Constitution of 1988: Promulgated on October 5, 1988, the Constitution protects authors’ exclusive rights to use, publish, and reproduce their works, subject to the terms and limits of Brazilian law.

Federal Law No. 12,965/2014, the Civil Rights Framework for the Internet: Enacted on April 23, 2014, it sets rules for internet use in Brazil. Its provisions on intermediary liability can be relevant to online copyright disputes, alongside applicable exceptions and court decisions.

Frequently asked questions

Do I need to register my work before I can claim copyright in Osasco?

No. Brazilian copyright protection generally does not depend on registration. Registration or other dated records may still help document authorship and the work’s history.

What kinds of work can copyright protect?

Protection can cover original literary, artistic, musical, audiovisual, photographic, and software works, among others. Ideas, methods, and concepts alone are not protected as works under the Copyright and Related Rights Law.

Where can a copyright dispute be filed?

A dispute may be brought in the Brazilian courts with jurisdiction over the case. Whether a case can be filed in Osasco depends on factors such as the parties, the claim, and the applicable venue rules.

What evidence should I keep if my work has been copied?

Save original files, drafts, contracts, invoices, publication dates, and screenshots showing the suspected use. Keep URLs and records of communications, and avoid altering files that may help establish when the work existed or appeared online.

How much does a copyright lawyer in Osasco cost?

Fees vary with the work involved, urgency, evidence, and whether negotiations or court proceedings are needed. Ask for a written scope and fee proposal, and compare it with the applicable São Paulo Bar Association guidance.

How long does a copyright dispute take?

There is no single timeline. A focused licensing discussion may resolve faster than a contested court case, while urgent requests and evidence gathering can affect the schedule.

Can I ask a website or social platform to remove copied work?

You can use the platform’s reporting process and provide clear evidence of your rights and the material at issue. The response depends on the platform and circumstances; legal advice can help assess whether further steps are appropriate.

Does paying a freelancer automatically give a business ownership of the work?

Payment alone does not answer every ownership or permitted-use question. The contract, the type of work, and Brazilian law matter, so specify rights, uses, duration, and territory in writing.

Is copyright the same as a trademark?

No. Copyright protects qualifying creative works, while trademarks distinguish goods or services in the market. A business name or logo may raise different or overlapping issues, depending on how it is used.

Can I use music in a business video or event if I credit the artist?

Credit does not by itself replace permission or a required licence. The relevant rights can depend on the composition, recording, use, and event, so check the licences that apply before using the music.

Can I pursue a claim if the copying happened online outside Osasco?

Possibly. Online publication can involve parties, platforms, and evidence in different places, so jurisdiction and the available remedies require case-specific review under Brazilian law.

Official resources

  • São Paulo Court of Justice (TJSP): Provides information about the state courts and court services, including proceedings connected to Osasco. A lawyer can confirm which court and procedure fit a particular claim.
  • National Library Foundation (Fundação Biblioteca Nacional): Its services include registration for certain literary and artistic works. Registration is optional for copyright protection, and applicants should check whether the service covers their work type.
  • National Institute of Industrial Property (INPI): Handles industrial property matters such as trademarks and patents. It is not Brazil’s general copyright registry, but may be relevant when a dispute also concerns a registered mark or patent.

Next steps to find and hire a copyright lawyer

  1. Define the issue: Write down what work is involved, who created or commissioned it, what use is disputed, and what outcome you want. This should take about 30 minutes.
  2. Preserve records: Save originals, contracts, invoices, dated drafts, screenshots, URLs, and relevant messages before anything changes. Do this promptly, especially for online material.
  3. Shortlist local lawyers: Search for lawyers serving Osasco who handle copyright disputes, licensing, or creative-work contracts. Check their current registration through the São Paulo Bar Association.
  4. Arrange an initial consultation: Ask about relevant experience, likely options, urgent risks, and who will handle the matter. Try to schedule this within a few days if a deadline or ongoing publication is involved.
  5. Compare written proposals: Request the proposed scope, fee structure, expected expenses, and what would trigger additional charges. Compare proposals before authorizing work.
  6. Review the engagement terms: Confirm the strategy, communication arrangements, documents needed, and any immediate steps. Keep a signed copy of the agreement and provide complete, accurate records.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.