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Client Alert – ANCINE launches public consultation on management of economic exploitation rights over audiovisual projects

The Brazilian Film Agency – ANCINE launched a public consultation about the revision of its regulation regarding management of economic exploitation rights over audiovisual projects produced with federal public resources.

Among the aspects brought by the Consultation, the following stand out: (i) the concept of “managing power”; (ii) the division of copyrights over the works; (iii) revenue share arising out of the works’ exploitation; (iv) commercial exploitation rights and public display rights of the works; (v) rights over the commercial exploitation of derivative elements; and (vi) rights over elements originally belonging to third parties.

The Consultation shall also address the revision of the criteria for classification of audiovisual works (produced without federal public funds), which require classification as Brazilian audiovisual works or independent Brazilian works, in order to comply with content quota obligations applicable to Pay TV operators.

The Consultation will be available on Ancine’s website until November 22, 2017 and is an excellent opportunity to collect opinions and contributions to develop parameters and requirements that meet the actual needs of the market.