Back to news menu

According to a recent decision rendered on Special Appeal No. 1.763.920 by the Brazilian Superior Court of Justice, Leroy Merlin does not have to pay public performance rights to ECAD for music played in its stores.

In this case, ECAD (the sole performance rights organization in Brazil) filed a lawsuit against Leroy Merlin seeking payment of copyrights due to the public performance of musical works in defendant’s stores. In its defense, Leroy Merlin brought Radio Imprensa S/A to the lawsuit because it hired the services of the radio company, who already paid royalties to ECAD. The lawsuit was dismissed by the lower court and the Court of Appeals affirmed such dismissal. ECAD filed a Special Appeal to the Brazilian Superior Court of Justice.

On the trial of the Special Appeal, the Brazilian Superior Court of Justice emphasized the existence of a final and unappealable decision, which had already acknowledged that Rádio Imprensa S/A’s activity of transmission of background music encompassed the performance of music in its clients’ stores, exempting them from obtaining a new license or making payments to ECAD. As a result, ECAD’s appeal was dismissed.