NON -OFFICIA L TRANSLATION  
LAW  12.853, OF AUGUST 14, 2013  
 
Amends arts. 5, 68, 97, 98, 99 and 100, adds 
arts. 98 -A, 98 -B, 98 -C, 99 -A, 99 -B, 100 -A, 
100-B and 109 -A and revokes art. 94 of Law 
9.610, of February 19, 1998, to provide for 
the collective management of copyrights, 
and other provisions.  
 
THE PRESIDENT OF THE REPUBLIC I make it known that the National Congress 
decrees and I sanction the following Law:  
 
Art. 1 . This Law provides for the collective management of copyright, amends, revokes 
and adds provisions to Law No. 9,61 0, of February 19, 1998.  
 
Art. 2 . The arts. 5, 68, 97, 98, 99 and 100 of Law No. 9,610, of February 19, 1998, shall 
come into force with the following changes:  
 
"Article 5 ..................................................... .............................. ...................  
 
................................................................ ............................................................ .... .......  
 
XIV - original holder  - the author of an intellectual work, the performer, the phonographic 
producer and the broadcasters. " (NR)  
 
"Article 68. ................................................... ................................................  
 
................................................................ ......................................... ....................... ......  
 
§ 6 The user shall deliver to the entity responsible for collecting the rights related to the 
performance or public performance, immediately after the act of communication to the 
public, a complete list of the works and phon ograms used, and shall make it public and 
freely accessible, together with the amounts paid, on its electronic website or, if this is 
not the case, at the place of communication and at its headquarters.  
..................................................... ........... ................................................................ ......  NON -OFFICIA L TRANSLATION  
 
§ 8 For the companies mentioned in paragraph 7, the period for compliance with the 
provisions of paragraph 6 shall be up to the tenth working day of each month, in relatio n 
to the complete list of works and phonograms used in the previous month. " (NR)  
 
"Article 97. ................................................... ................................................  
 
§1 The associations regulated by this article carry on an activity of public interest, as 
determined by this Law, and must attend to its social function.  
 
§2 It is prohibited to belong, simultaneously, to more than one association for the 
collective manage ment of rights of the same nature.  
 
§3 The holder may at any time transfer to another association and must communicate the 
fact in writing to the association of origin.  
 
§4 - Associations established abroad shall be represented in the country by national  
associations constituted in the manner set forth in this Law.  
 
§5 Only holders originating from copyright or related rights directly affiliated with 
national associations may vote or be voted in the associations regulated by this article.  
 
§ 6 Only hold ers of copyright or related rights, national or foreign domiciled in Brazil, 
directly affiliated to the national associations may assume management positions in the 
associations regulated by this article. " (NR)  
 
"Art. 98. With the act of affiliation, the a ssociations referred to in art. 97 become 
mandatory of their associates for the practice of all the acts necessary for the judicial or 
extrajudicial defense of their copyrights, as well as for the exercise of the activity of 
collection of these rights.  
 
§ 1. The exercise of the collection activity mentioned in the caput is only permissible for 
associations that obtain authorization in an organ of the Federal Public Administration, 
under the terms of art. 98 -A.  
 
§ 2. The associations shall adopt the principles of isonomy, efficiency and transparency 
in the collection for the use of any work or phonogram.  
 
§ 3. It will be up to the associations, in the interest of their associates, to establish the 
prices for the use of their repertoires, considering the reasonableness, the good faith and 
the uses of the place of use of the works.  
 
§ 4. The collection will always be proportional to the degree of use of the works and 
phonograms by the users, considering the importance of the public execution in the 
exercise of its activities, and the particularities of each segment, as provided in the 
regulation of this Law.  NON -OFFICIA L TRANSLATION  
 
§ 5. Associations shall treat their associates in an equitable manner, and unequal treatment 
shall be prohibite d.   
 
§ 6. Associations shall maintain a centralized register of all contracts, declarations or 
documents of any nature that prove authorship and ownership of works and phonograms, 
as well as individual participations in each work and in each phonogram, preventing the 
falsification of data and fraud and promoting the disambiguation of similar titles of works.  
 
§ 7. The information mentioned in § 6 is of public interest and access to it shall be made 
available by electronic means to any interested party, free of charge, and the Ministry of 
Culture shall also be granted continued and integral access to such informatio n.  
 
§ 8. In the event of inconsistency in the information mentioned in paragraph 6 of this 
article, the Ministry of Culture may, through communication of the interested party and 
preserving the ample defense and the right to the adversary, determine its r ectification 
and other measures necessary for its regularization, as provided in Regulation.  
 
§ 9. The associations shall provide information system for periodic communication by 
the user of all the works and phonograms used, as well as for the monitoring  by the rights 
holders of the amounts collected and distributed.  
 
§ 10. Credits and unidentified amounts should be retained and available to the holders for 
a period of 5 (five) years, and should be distributed as they are identified.  
 
§ 11. At the end o f the period of five (5) years provided for in § 10, without identifying 
the credits and amounts retained, they shall be distributed to holders of copyright and 
related rights within the same line in which they were collected and in proportion to their 
collections during the period of retention of those credits and amounts, and their 
destination is prohibited for another purpose.   
 
§ 12. The rate of administration practiced by the associations in the exercise of the 
collection and distribution of copyright  should be proportional to the effective cost of 
their operations, considering the peculiarities of each of them.  
 
§ 13. The leaders of the associations shall be elected for a term of three (3) years, with a 
single renewal preceded by a new election.  
 
§ 14. The directors of the associations will act directly in their management, by means of 
personal vote, being forbidden that they act represented by third parties.   
 
§  15. The copyright holders may personally practice the acts referred to in the caput an d 
§  3 of this article, by communication to the association to which they are affiliated, within 
48 (forty eight) hours prior to their practice.   
 
§ 16. Associations, by decision of their maximum decision -making body and as provided 
for in their bylaws, m ay allocate up to twenty percent (20%) of all or part of the resources 
resulting from their activities to cultural and social actions that benefit t heir members 
collectively. " (NR)  
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"Art. 99. The collection and distribution of the rights related to the public execution of 
musical and literomusical works and of phonograms will be done through collective 
management associations created for this purpose by their owners, which should unify  
the collection in a single central office for collection and distribution, which will act as a 
collecting entity with its own legal personality and will observe § §  1 to 12 of art. 98 and 
arts. 98 -A, 98 -B, 98 -C, 99 -B, 100, 100 -A and 100 -B.  
 
§ 1. The col lecting entity organized in the manner set forth in the caput shall not have a 
profit purpose and shall be directed and administered by means of the unit vote of each 
association that integrates it.  
 
§ 2. The collecting entity and the associations referre d to in this Title shall act in court 
and outside it in their own names as procedural substitutes of the holders linked to them.   
 
§ 3. The collection of any amounts by the collecting entity shall only be made by bank 
deposit.  
 
§ 4. The portion destined to the distribution to the authors and other rights holders may 
not, in one year from the date of publication of this Law, be less than 77.5% (seventy -
seven integers and five tenths percent) of the amounts collected, increasing 2. 5% p.y. 
(two and five tenths percent per year), until, within four (4) years of the date of publication 
of this Law, it shall not be less than 85% (eighty five percent) of the amounts collected.    
 
§ 5. The collecting entity may maintain tax exemptions, which are forbidden to receive 
from the cash user under any title.  
 
§ 6. Failure to comply with the rule of § 5 will render the defaulter unfit for the functio n 
of prosecutor, without prejudice to the communication of the fact to the Public 
Prosecutor's Office and to the application of applicable civil and criminal sanctions.   
 
§ 7. It is incumbent upon the collecting entity and the collective management associ ations 
to ensure continuity of collection and, in the case of loss of qualification by any 
association, it is incumbent upon it to cooperate so that the transition between associations 
is carried out without any prejudice to the holders, all necessary info rmation to the process 
of collection and distribution of rights.  
 
§ 8. Without prejudice to the provisions of § 3 of art. 98, associations must establish and 
unify the price of their repertoires with the collecting entity to collect them, acting as 
agent of the associations that are part of it.  
 
§ 9 The collecting entity will collect the user in a unified form, and will be in charge of 
the distribution of the collection to the associations, observing the provisions of this Law, 
especially the criteria est ablished in §§ 3 and 4 of art. 98. " (NR)  
 
"Art. 100. The trade union or professional association that brings together members of a 
collective copyright management association may, once a year, at its expense, after 8 
(eight) days' notice, to supervise, thr ough an independent auditor, the accuracy of the 
accounts rendered by this authorial association to its represented. " (NR)  
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Art. 3. Law No. 9,610, of 1998, becomes effective with the addition of the following arts. 
98-A, 98 -B, 98 -C, 99 -A, 99 -B, 100 -A, 100 -B and 109 -A: 
 
"Art. 98 -A. The exercise of the collection activity referred to in art. 98 will depend on 
previous qualification in a Federal Public Administration body, as set forth in regulations, 
whose administrative process will observe:  
 
I - compliance , by the statutes of the requesting entity, with the requirements established 
in the legislation for its constitution;  
 
II - the demonstration that the requesting entity meets the necessary conditions to ensure 
an efficient and transparent administration of the rights entrusted to it and a significant 
representativity of works and registered owners, upon proof of the following documents 
and information:  
 
a) registers of the works and holders that they represent;  
 
b) contracts and agreements maintained with users of works from their repertoires, when 
applicable;  
 
c) bylaws and respective amendments;  
 
d) minutes of ordinary or extraordinary meetings;  
 
e) agreements of reciprocal representation with foreign counter parts, when they exist;  
 
f) annual report of its activities, when applicable;  
 
g) annual financial statements, when applicable;  
 
h) demonstration that administration fees are proportional to collection and distribution 
costs for each type of use, where applicable;  
 
i) annual external audit report of its accounts, as long as the entity has operated for more 
than one (1) year and the audit is demanded by the majority of its members or by a trade 
union or professional association, pursuant to art. 100;  
 
j) detailing the governance model of the association, including the association's isomeric 
representation structure;  
 
k) position and salary plan, including the amount of directors' remuneration, gratuities, 
bonuses and other remuneration and award procedu res, with updated values;  
 
III - other information stipulated in a regulation by a Federal Public Administration body, 
such as those that demonstrate compliance with the contractual international obligations 
of the requesting entity that may lead to quest ioning of the Brazilian State within the 
scope of the international agreements to which it is a party.  
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§ 1 The documents and information referred to in items II and III of the caput of this 
article shall be submitted annually to the Ministry of Culture.  
 
§  2 - The qualification mentioned in § 1 of art. 98 is an act of qualification linked to the 
fulfillment of the requirements established by this Law and by its regulation and does not 
need to be renewed periodically, but may be annulled by means of a de cision rendered in 
an administrative or judicial process, when verified that the association does not comply 
with the provisions of this Law, always ensuring the contradictory and ample defense, as 
well as the communication of the fact to the Public Prosec ution Service.   
 
§  3. The annulment of the authorization referred to in §  1 of art. 98 shall take into account 
the seriousness and relevance of the irregularities identified, the good faith of the offender 
and the recurrence of irregularities, as provid ed in the regulations, and shall only take 
effect after the application of a warning, when a reasonable deadline will be granted to 
meet the stated requirements by the competent authority.  
 
§ 4. The absence of an association that is mandated by a certain category of holders due 
to the application of §  2 of this article does not exempt users from the obligations set 
forth in art. 68, which shall be discharged in respect of the period between the rejection 
of the request for authorization, the cancellation or cancellation of the authorization and 
the obtaining of a new authorization or constitution of successor entity under the terms of 
this article, being the successor entity responsible for setti ng the values of the copyright 
or related rights in relation to the period between the rejection of the application for 
authorization or its annulment and obtaining a new authorization by the successor entity.   
 
§ 5. The association whose authorization under this article is annulled, nonexistent or 
pending review by the competent authority, or presents any other form of irregularity, 
may not use such facts as an impediment to the distribution of any amounts already 
collected, under pain of direct account ability of its managers under the terms of art. 100 -
A, without prejudice to applicable criminal sanctions.  
 
§ 6 - Collective rights management associations shall keep the documents and information 
provided for in items II and III of this article up to dat e and available to the members. " 
 
"Art. 98 -B. Collective copyright management associations, in the performance of their 
duties, shall:  
 
I - give publicity and transparency, through its own electronic websites, to the calculation 
methods and collection cri teria, including, among other information, the type of user, time 
and place of use, as well as the criteria for distribution of rights values including 
spreadsheets and other records of use of the works and phonograms provided by users, 
except for the valu es distributed to the individual owners;  
 
II - to publicize and transparency, through its own electronic websites, the statutes, the 
regulations for collection and distribution, the minutes of its deliberative meetings and 
the registers of the works and  holders they represent, as well as the amount collected and 
distributed and credits collected and undistributed, their origin and the reason for their 
retention;  
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III - seek operational efficiency, among other means, by reducing its administrative costs 
and the deadlines for distribution of the amounts to the right holders;  
 
IV - offer the right holders the technical means so that they can access the balance of their 
credits in the most efficient way within the state of the art;  
 
V - improve their syste ms for increasingly accurate investigation of public executions 
carried out and annually publish their verification, sampling and verification methods;  
 
VI - guarantee members access to information on the works on which they are entitled 
and the execution s assessed for each of them, refraining from signing contracts, 
agreements or agreements with a clause of confidentiality;  
 
VII - guarantee the user access to information regarding the uses made by him.  
 
Sole paragraph. The information contained in items  I and II must be updated periodically, 
in an interval never exceeding 6 (six) months. " 
 
"Art. 98 -C. The associations of collective management of copyright should be 
accountable for the amounts owed, on a regular and direct basis, to their members.  
 
§ 1 The right to the rendering of accounts may be exercised directly by the member.   
 
§  2. If the accounts are not provided in accordance with § 1, the associate's request may 
be referred to the Ministry of Culture which, after its assessment, may determ ine the 
association's rendering of accounts,  in the form of the regulation. " 
 
" Art. 99 -A. The collecting entity dealt with in the caput of art. 99 shall admit in its staff, 
in addition to the associations that constituted it, associations of copyright hol ders that 
are relevant to their area of activity and are qualified in a Federal Public Administration 
body in the form of art. 98 -A.  
 
Sole paragraph. The deliberations regarding the criteria for the distribution of the 
resources collected will be taken by means of the unit vote of each association that 
integrates the collecting entity. " 
 
"Art. 99 -B. The associations referred to in this Title are subject to the competition rules 
defined in specific legislation that deals with the prevention and repression  of infracti ons 
against the economic order. " 
 
"Art. 100 -A. The directors of collective copyright management associations are jointly 
and severally liable for their misconduct or for breach of their obligation to members fo r 
fraud or guilt. " 
 
"Art. 100 -B. D isputes between users and copyright holders or their agents in relation to 
non-payment, collection criteria, forms of repertory offering and collection amounts, and NON -OFFICIA L TRANSLATION  
between owners and their associations, in relation to the values and criteria may be the 
object of the action of a Federal Public Administration body for the resolution of disputes 
through mediation or arbitration, in the form of the regulation, without prejudice to the 
appreciation by the Judiciary and by the bodies of the Brazilian System fo r the Defense 
of Competition, when appropriate. " 
 
"Art. 109 -A. Failure to provide or provide false information in compliance with the 
provisions of § 6 of art. 68 and in § 9 of art. 98 shall subject the persons responsible, by 
determination of the competen t authority and in accordance with the regulations of this 
Law, to a fine of 10 (ten) to 30% (thirty percent) of the amount that should have been 
originally paid, without prejudice to losses and damages.  
 
Sole paragraph. The rules of civil law apply to th e breach of obligations in case of non -
compliance by users with their legal and contractual obligations with the associati ons 
referred to in this Title. " 
 
Art. 4 The associations of collective management of copyrights that, before the validity 
of this Law,  are legally constituted and collecting and distributing the copyrights of works 
and phonograms will be considered qualified to carry out the economic activity of 
collection for the p eriod defined in the regulation , and must comply with the provisions 
contained in art. 98 -A of Law No. 9,610, of 1998.  
 
Art. 5. The associations referred to in art. 4 of this Law will have 60 (sixty) days to adapt 
their statutes to § 13 of art. 98 of Law No. 9,610, of 1998, allowing its directors to 
complete the terms of office  in progress when this Law comes into force until the 
originally established term, after which they may run for a term of office of 3 (three) 
years, with possibility of 1 (one) reappointment, under the terms of this Law.  
 
Art. 6. Provided that compliance w ith all the requirements for the constitution of the new 
unified collecting entity, contained in the caput of art. 99 of Law No. 9,610, of 1998, the 
associations referred to in art. 4 of this Law may request the Ministry of Culture, within 
the period estab lished in the regulation, to recognize the legal entity already constituted 
as a collecting entity.  
 
Art. 7.  The Ministry of Culture will set up, within the term and under the terms set forth 
in the regulation, a permanent commission for the improvement of collective 
management, which will promote the continuous improvement of collective management 
of copyright in Brazil through the analysis of the performance and results obtained by 
Brazilian entities, as well as the examination of international best practices.  
 
Art. 8 The Ministry of Culture can delegate the powers assigned to it by this Law to 
another body.  NON -OFFICIA L TRANSLATION  
 
Art. 9. Art. 94 of Law No. 9,610, of February 19, 1998  is revoked . 
 
Art. 10. This Law enters into force after 120 (one hundred and twenty) days after its 
official publication.