The Legitimity of Ecad for Collection of Copyright: Decisions of First Degree and Summary 63 STJ

Abstract

This article discusses the legitimacy of the Brazilian Copyright Central Office for Collection and Distribution - ECAD, aiming to demonstrate whether or not there is extraordinary legitimacy grant-ed by the legal system to ECAD in relation to the collective management of literary and musical works. It will aim, through the qualitative method, to point out possible flaws in this understanding and to present a possible solution related to legitimacy. Collective management is important when, if personal management is not possible, it can reach a greater number of public executions that are be-yond the reach of individual control, aiming to adequately remunerate the author/owner. But to what extent does collective management have the necessary legitimacy to achieve this objective? The study addresses the issue of legitimacy in our Brazilian legal system, the understanding in sev-eral courts, especially the STJ and what the Copyright Law - LDA (Law 9610/98) says about this legitimacy. It is very important to pacify this understanding, because, if such an understanding of the STJ lasts in relation to legitimacy, it may generate legal instability and, why not, even violation of rights. After preparing the technical report, it will be distributed to the various judicial spheres, mainly to the STJ and National Congress, aiming at a reanalysis of the subject.