Violating copyrights yields up to four years in prison
Source: Jornal do Senado, 01/06/2009
Brazil has abundant legislation against piracy, starting with the Penal Code, reformed in its articles 184 and 186 by Law 10.695 / 03. Illegal reproduction of music, videos, books, artwork or computer programs, including copyright infringement via the internet, can yield two to four years of imprisonment, in addition to a fine. The same penalty applies to those who offer or distribute the work to the public without authorization from the author or producer of the intellectual work.
The person falls into the crime if he has the intention, as the law says, to obtain "direct or indirect profit". According to the Antipiracy Association Cinema and Music (APCM), an entity that daily registers the numbers in relation to physical and virtual piracy (internet) throughout the country, there is a sensitivity on the part of the industry to discern between the person who makes commercial use and the ordinary user, and who sometimes does not even know the situation.
- We don't want to put the one who downloads the film in jail. We want to show that he is harming the artistic class, the government, the industry and himself - says Tiago Aguiar, APCM's legal coordinator.
Law 9.609 / 98 (Software Law) defines which computer programs are included in the scope of copyright. This makes it prohibited to reproduce, copy, rent and use copies of software without the authorization of the copyright holder. Those who use pirated software can face imprisonment from six months to two years and be required to pay daily fines while using the software. Those who resell illegal software are subject to a prison sentence of one to four years, and a fine of up to 3 times the value of legal software.