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Decree No. 8469 Of June 22, 2015

Original Language Title: Decreto nº 8.469, de 22 de junho de 2015

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DECREE NO 8,469, DE June 22, 2015

Regulation Law No. 9,610, of 19 of February 1998, and Law No. 12,853 of August 14, 2013, to displace on the collective copyright management.

THE CHAIRMAN OF THE REPUBLIC, in the use of the assignments that confer you the art. 84, caput, inciso IV and inciso VI, paragraph "a", of the Constitution, and in view of the provisions of Law No. 9,610 of February 19, 1998 and in Law No. 12,853 of August 14, 2013,

DECRETA:

Art. 1º This Decree regulates Law No. 9,610 of February 19, 1998, and Law No. 12,853 of August 14, 2013 to displace on the collective management of copyright.

CHAPTER I

DA HABILITATION

Art. 2º The exercise of the copyright collection activity to which the art refers. 98 of Law No. 9,610, 1998, will only be lawful for associations obtaining habilitation in the Ministry of Culture under the art. 98-A of the said Law, observed the provisions of this Decree.

Art. 3º The application for the habilitation of collective management associations who wish to carry out the collection activity referred to in art. 2º should be protocoled together with the Ministry of Culture.

§ 1º The Ministry of Culture will have on the administrative procedure and documentation of habilitation for the realization of collection activity, in the form of legislation, observed the right to adversarial and broad defence

§ 2º Case the association wishes to carry out collection activity relating to protected intellectual works of different categories, in the form of the art. 7º of Law No. 9,610, 1998, or the various modalities of use described in art. 29 of the said Law, it should apply for habilitation for each of the collection activities separately, which will be considered independent of each other for the purposes of this Decree.

§ 3º Within the scope of the procedure that treats § 1º, the Ministry of Culture will be able to grant provisional habilitation for the collection activity, with conditioners, by the one year term, extend a single time for equal period.

§ 4º The non-compliance with the conditioners laid down in the decision granting the habilitation provisional will involve its revocatio

§ 5º The associations enabled provisionally by the Ministry of Culture under § 3º, no shall be entitled to the unitary vote provided for in § 1º of the art. 99 of Law No. 9,610, 1998.

Art. 4º The application for association habilitation wishing to carry out collection activity of the same nature as that already performed by other associations will be granted only if the number of their associates or their administered works matches the percentage minimum of the total relative to the associations already enabled, in the form defined in act of the Ministry of Culture, considered the different categories and modalities of use of the intellectual works administered, as per the art. 7º and art. 29 of Law No. 9,610, 1998.

Single Paragraph. In the case of the associations provided for in art. 99 of Law No. 9,610 of 1998, wishing to carry out collection activity, the application for habilitation shall be granted only to that which possesses rightholders and repertoire of works, interpretations or executions and phonograms which they generate distribution equivalent to the minimum percentage of the distribution of the Central Office, in the form defined in act of the Ministry of Culture, observed the provisions of § 4º of the art. 99 of the said Law.

Art. 5º The copyright collective management associations which, on the date of the entry into force of Law No. 12,853 of 2013, were legally constituted and grossing and distributing the copyright of works, interpretations or executions and phonograms are considered empowered to exercise the economic activity of collection for up to two years after the date of the entry into force of this Decree, on condition that they submit the documentation referred to in § 1º of the art. 3º to the Ministry of Culture within a period of one hundred and eighty days, counted from the date of entry into force of this Decree.

Single Paragraph. The obligation under the single paragraph of art. 4º shall be complied with within two years, counted from the date of entry into force of this Decree.

CHAPTER II

OF THE EXERCISE OF COLLECTION ACTIVITY

Art. 6º Prices for the use of works and phonograms shall be established by the associations in general assembly, convened in accordance with the statutory and widely publicized standards between the associates, considered to be reasonableness, good faith and the uses of the place of use of the works.

§ 1º In the case of the associations referred to in art. 99 of Law No. 9,610, 1998, the prices shall be established and unified in general meeting of the Central Office, in accordance with its status, considered the parameters and guidelines approved annually by the general assemblies of the associations which o make it.

§ 2º The prices mentioned in the caput and § 1º serve as a reference for the collection of the users, observed the possibility of negotiation as to the values and hiring of licences of use according to their particularities, obeyed the willing in the arts. 7º to 9º.

§ 3º The collection criteria for each type of user will be taken into account in the establishment of the distribution criteria of the values charged of the same user type, and there should be correlation between both.

Art. 7º The collection will have as principles the efficiency and the isonomy, and there should be no discrimination between users who present the same characteristics.

Art. 8º It will be considered proportional to the degree of utilization of the works and phonograms by users the collection that observes criteria such as:

I-time of use of protected works or phonograms ;

II-number of uses of the protected works or phonograms ; and

III-the proportion of works and phonograms used that are not in the public domain or that are not are licensed by individual rights management or under another licensing scheme other than that of the collective management of the licensor association.

Art. 9º The collection shall consider the importance of the use of the works and phonograms in the exercise of the users' activities and the particularities of each segment of users, observed criteria such as:

I-importance or relevance of the use of the works and phonograms for the end activity of the user ;

II-limitation of the power of choice of the user, in whole or in part, on the repertoire to be used ;

III-region of the use of the works and phonograms ;

IV-use by social welfare charities certified under the Act paragraph 12,101 of November 27, 2009 ; and

V-use made by public, state, community television or radio broadcasters, educational or university students.

§ 1º In the hypothesis provided for in the inciso V of the caput, the collection criteria should consider whether the broadcaster explores commercially in its programming grid the advertising of products or services, being vetoed the use of collection criteria that have as parameter a percentage of public budget.

§ 2º The Central Office that treats art. 99 of Law No. 9,610, 1998, and the associations that integrate it will observe the criteria laid down in this Chapter and should classify users by segments, in accordance with their particularities, objectively and reasoned.

CHAPTER III

DO CADASTRO

Art. 10. The collective management associations of copyright and of those who are related to them should maintain a centralized cadaster of all contracts, declarations or documents of any nature proving the authorship and title of the works, of the interpretations or runs and phonograms, as well as individual stakes in each piece, interpretation or execution and on each phonogram.

§ 1º The associations to which the art refers. 99 of Law No. 9,610, 1998, in addition to the register mentioned in the caput, should centralize in the Central Office a database containing all the information regarding the authorship and title of the works, interpretations or executions and of the phonograms, as well as the individual holdings in each piece, interpretation or execution and on each phonogram, contained in the contracts, statements or other documents of any nature, observed the act of the Ministry of Culture.

§ 2º The associations should prevent against the distortion of data and fraud by taking over, for all effects, the responsibility for the data that enroll.

§ 3º The associations that maintain agreements of reciprocal or unilateral representation with entities exterior-based congeners should obtain and transfer to the cadaster of which it treats the caput the information regarding the authorship, title and individual stakes of the works, interpretations or executions and phonograms produced in their country of origin, as well as the enrollment sheets which register the presence of interpretations or executions or the insertion of musical works and phonograms in audiovisual works or television programmes, assuming, for all purposes, the responsibility for such information.

Art. 11. The associations should, in the form defined in act of the Ministry of Culture, make available free of charge:

I-to the public and to their associates information about authorship and title of the works, of the interpretations or runs and phonograms ; and

II-to the Ministry of Culture, for consultation purposes, further information on the holders of works, interpretations or runs and phonograms.

Single Paragraph. In the case of the associations to which the art refers. 99 of Law No. 9,610, 1998, the fulfilment of the obligations provided for in this article may be carried out by the provision of the information by the Central Office.

Art. 12. The rectification of information and the measures necessary for the regularisation of the cadaster of which they treat § § 6º and 8º of the art. 98 of Law No. 9,610, 1998, will be the subject of act of the Ministry of Culture.

CHAPTER IV

DA INDIVIDUAL RIGHTS MANAGEMENT

Art. 13. Copyright or related rights holders will be able to personally practise the acts necessary for the judicial or extrajudicial defence of their rights, charge and establish the price for the use of their works or phonograms, upon prior communication to the collective management association to which they are affiliated, sent with up to forty-eight hours in advance of the practice of the acts, suspending the deadline in the non-working days.

§ 1º In the case of works and phonograms with shared entitlements, prior communication should be done by all holders to their respective associations.

§ 2º It is up to the collective management associations of which it treats art. 99 of Law No. 9,610, 1998, shall immediately pass on to the Central Office the decision of its Associate relating to the exercise of the rights provided for in the caput.

CHAPTER V

DA TRANSPARENCY

Art. 14. The associations and the raised holders empowered to exercise the collection activity should give publicity and transparency to their activities, among others, by the following means:

I-annual presentation, to the Ministry of Culture, of documents allowing for the verification of the correct and continued observance of the legal provisions ;

II-disclosure, by means of own electronic sites, of the forms of calculation and criteria of charging and distribution ; and

III-provision of information system for monitoring, by rightholders, of the information about the values raised and distributed regarding works, interpretations or runs or phonograms of their entitlement.

Single Paragraph. Act of the Ministry of Culture will discipline the manner of compliance with the provisions of this article.

Art. 15. Observed the provisions of § § 10 and 11 of the art. 98 of Law No. 9,610, 1998, associations should make available to their associates, semester, consolidated relationship of the titles of the works, interpretations or executions and phonograms that have had their use picked up, but whose identification does not have been possible by virtue of:

I-do not exist corresponding data in the enrollment ;

II-insufficiency of the information received from users ; or

III-other inconsistencies.

§ 1º In the case of musical works, literomusicals and phonograms that have had their use picked up, but whose identification was not possible under the caput, the Central Office should make available to the holders' associations that they integrate it with permanent and in real time consultation system for the identification of the retained credits and to provide those associations, semestetionally, consolidated relationship containing the titles of the works, interpretations or runs and phonograms.

§ 2º Ato of the Ministry of Culture will determine the information that should be found in the relationship to which refer to the caput and § 1º.

§ 3º The associations should lay down rules for the speedy and efficient solution of cases of conflicts of enrollment information that result in retention of the distribution of values to the holders of works, interpretations or executions and phonograms.

Art. 16. It is up to the associations to make available information system for periodic communication, by the user, of the entirety of works, interpretations or executions and phonograms used.

§ 1º The associations to which the art refers. 5º shall be given three years, counted from the date of entry into force of this Decree, to make available the information system provided for in the caput.

§ 2º In the case of the collective management of musical public execution, the obligation provided in the caput should be comply with the Central Office within three months, counted from the date of the entry into force of this Decree.

§ 3º It is for the association responsible for the collection or the Central Office the imposition of veracity of the information provided by users.

§ 4º In the hypotheses when certain type of use makes it unfeasible or impractical to ascertain exact uses of works, interpretations or executions and phonograms, the associations responsible for collection will be able to adopt sampling criteria based on statistical information, surveys, surveys or other methods of benchmarking that allow for the closer knowledge of reality.

Art. 17. The copyright collective management associations are expected to account for the values due to their associates in the form of act of the Ministry of Culture, observed the provisions of Law No. 9,610 of 1998.

CHAPTER VI

DAS ASSOCIATIONS AND THE CENTRAL OFFICE

Art. 18. Associations carrying out collection activity relating to protected intellectual works of different categories in the form of art. 7º of Law No. 9,610, 1998, or the various modalities of use described in art. 29 of the said Law should manage and account for the respective resources separately.

Art. 19. Without prejudice to the provisions of § § 5º and 6º of the art. 97 of Law No. 9,610, 1998, the association may hire administrators or maintain board of directors formed by any of their associates for the management of their business.

§ 1º For the purposes of the caput, the hired administrators or the board of directors no will exercise any deliberative power.

§ 2º Every form and any remuneration value or cost aid of the leaders of the associations and of the Central Office, the administrators and members of the board of directors should be homologated in general assembly, convened in accordance with the statutory and widely publicized standards among the associates.

Art. 20. The associations, by decision of their maximum body of deliberation and as provided for in their statutes, will be able to target up to twenty per cent of the totality or part of the resources arising from their activities for actions of a cultural or social nature who benefit their associates in a collective fashion and on the basis of non-discriminatory criteria, such as:

I-social assistance ;

II-foster the creation and dissemination of works ; and

III-capacitor or qualification of associates.

Art. 21. The copyright collective management associations concerning the public execution of musical, literomusical and phonograms legally constituted pursuant to art. 5º, after decision in general assembly, may apply to the Ministry of Culture, in up to thirty days, counted from the date of the entry into force of this Decree, the recognition of the legal person already constituted as a unified collector of the rights of public execution of musical works, literomusicals and phonograms

§ 1º The legal person constituted as a collector of public execution rights of works musical, literomusical and phonograms that you wish to perform the collection activity, in the terms of art. 99 of Law No. 9,610, 1998, should apply for habilitation and refer to the Ministry of Culture the relevant documentation, within thirty days of the date of the protocol of delivery of the application for recognition, observed the provisions of the art. 3º, in what couber.

§ 2º The raised collector whose habilitation is dismissed, revoked, annulled, nonexistent, pending consideration by the competent authority or present any other form of irregularity shall not be able to use such facts as impediment to the distribution of any figures already collected, under penalty of accountability of their leaders in the terms of the art. 100-A of Law No. 9,610, 1998, without prejudice to the criminal penalties that are cabin.

CHAPTER VII

DAS OBLIGATIONS OF USERS

Art. 22. The user will deliver to the entity responsible for the copyright collection concerning the public execution or display, immediately after the act of communication to the public, complete relationship of the works, their authors and phonograms used, and the will make public and free access, together with the paid values, on its electronic site or, not happening this, in the place of communication and in its headquarters.

§ 1º Act of the Ministry of Culture shall establish the manner of fulfillment of the provisions in the caput whenever the end-user makes use of works and phonograms from act of communication to the public carried out by third parties.

§ 2º Fishing the deadline set in § 2º of the art. 16 and upon agreement between the parties, the user may comply with the provisions in the caput by indicating the electronic address of the Central Office, where the complete relationship of musical works and phonograms used should be available.

§ 3º Ato of the Ministry of Culture will have on the obligations of users as far as the public execution of works and phonograms inserted in works and other audiovisual productions, especially in the provision of information that identifies such works and phonograms and their holders.

Art. 23. When the user leaves to render the information due, or to provide them in an incomplete or false manner, the entity responsible for the collection may refer representation to the Ministry of Culture in order to apply for the fine provided for in the art. 33.

Art. 24. In the case of cancellation, revocation or dismissal of the habilitation, absence or dissolution of association or a raised collector, the responsibility of the user to quip his obligations to the enabling entity successor who is will be responsible for the fixing of the values of the copyright or related rights in relation to the period in which there was no entity enabled for collection.

CHAPTER VIII

DA MEDIATION AND ARBITRATION

Art. 25. Without prejudice to the appreciation of the Judiciary Power and, where fit, by the organs of the Brazilian Competition Protection System, the Ministry of Culture may:

I-foster mediation and conciliation between users and copyright holders or their mandators, in relation to the lack of payment, the criteria for collection, the forms of offering of repertoire and the collection values, and between holders and their associations, in relation to the values and criteria of distribution, according to the Regulation, Conciliation and Arbitration ; and

II-direct litigation between users and copyright holders or their mandators and between holders and their associations which are submitted to it in the form of Law No. 9,307 of September 23, 1996 and in accordance with the Mediation, Conciliation and Arbitration Regulation.

§ 1º Ato of the Ministry of Culture will approve the Mediation, Conciliation and Arbitration Regulation to which refer to the incisos I and II of the caput.

§ 2º The Ministry of Culture can, still, aim to stimulate the resolution of controversies by means of mediation and arbitration, publishing edition for accreditation of mediators and referees with proven experience and notorious knowledge in the area of copyright, which may be chosen by the parties in the form of Law No. 9,307, 1996.

§ 3º It is provided for the use of other mediation and arbitration services that are not mentioned in the caput and in § 2º.

CHAPTER IX

PERMANENT COMMISSION

Art. 26. The Ministry of Culture will constitute, within sixty days, counted from the date of the entry into force of this Decree, the Standing Committee on the Improvement of Collective Management, of an advisory character, which will aim to promote the continuous enhancement of the collective copyright management in Brazil through the analysis of acting and the results obtained by Brazilian entities and the examination of international best practices. Single paragraph. The act of constitution of the Standing Committee shall have on the deadlines for designation of its members and shall establish its internal regiment.

Art. 27. The Standing Committee shall have the following tasks:

I-monitor compliance with the principles and rules set forth in Law No. 9,610 of 1998, and in this Decree by collective management associations, Central Office and users, and may request the Ministry of Culture for the information and documents that are necessary ;

II-recommend to the Ministry of Culture the adoption of the cableable arrangements, as representation to the Public Prosecutor's Office or the Administrative Council of Economic Defense-CADE, when verified irregularity committed by collective management associations, Central Office or users ;

III-to decide, upon demand from the Ministry of Culture, on administrative processes concerning sanctions on collective management associations, the Central Office or the users ;

IV-to decide, upon demand from the Ministry of Culture, on the collection regulations and distribution of the collective management associations and the Central Office ;

V-subsidizing the Ministry of Culture, when demanded, in the elaboration of supplementary standards aimed at the correct execution of Law No. 9,610, 1998, and of this Decree ;

VI-suggest to the Ministry of Culture for the conduct of studies, opinions, reports or notes techniques ;

VII-monitor the results of mediation and arbitration promoted pursuant to art. 25 ;

VIII-pronounce on other matters pertaining to the collective copyright management, when demanded by the Ministry of Culture ; and

IX-propose changes to its internal regiment.

Art. 28. The Standing Committee shall be composed of:

I-three representatives of the Ministry of Culture ;

II-a representative of the Ministry of Justice ;

III-a representative of the Ministry of Foreign Affairs ;

IV-a representative of the Ministry of Development, Industry and Exterior Trade ;

V-a representative of CADE ;

VI-a representative of the National Cinema Agency-Ancine ;

VII-four representatives of representative associations of copyright holders ; and

VIII-four representatives of representational associations of users.

§ 1º The coordination of the Standing Committee shall be exercised by one of the representatives of the Ministry of Culture referred to in the inciso I of the caput.

§ 2º The holders and alternates of the Standing Committee shall be appointed by the organs and entities referred to in the incisos I to VI of the caput and assigned upon act by the Minister of State for Culture.

§ 3º The internal regiment of the Standing Committee shall have on the indication and designation of holders and alternates referred to the incisors VII and VIII of the caput, which should be persons of notorious knowledge in the area of copyright and related rights.

§ 4º The representatives referred to the incissen VII and VIII of the caput will be designated for mandate of two years, allowed a reconduct.

§ 5º The Executive secretarial of the Standing Committee shall be exercised by the Ministry of Culture, which will provide the necessary technical and administrative support.

§ 6º The participation in the Standing Committee shall be deemed to provide relevant public service, unpaid.

CHAPTER X

DAS SANTIONS

Art. 29. The non-compliance with the standards of Title VI of Law No. 9,610, 1998, shall subject the associations and the Central Office to the penalties provided for in § § 2º and 3º of the art. 98-A of the said Law, without prejudice to civil and criminal penalties and the communication of the fact to the Public Prosecutor's Office.

Art. 30. They consider administrative infractions, for the purposes of Law No. 9,610, 1998, and of this Decree:

I-unfulfilled, in the election process or in the mandate of the leaders of the associations, the provisions of the § § 5º and 6º of the art. 97 and in § § 13 and 14 of the art. 98, of Law No. 9,610, 1998 ;

II-exercise the collection activity at odds with the provisions of Chapter II ;

III-treat associates unequal or discriminatory or offer values, proven or advantages in individualized form, not extended to the set of holders of the same category ;

IV-distribute values arbitrarily and without correlation with what is charged to the user ;

V-enter data, information, or documents that you know, or have reasons to know, to be false in the centralized cadaster predicted at art. 10 ;

VI-making it difficult to prevent or prevent continuous access, for consultation purposes, from the Ministry of Culture or the interested in the information and documents on the authorship and title of the works, interpretations or executions and phonograms, including individual stakes, in the terms of the arts. 10 a 12 ;

VII-fail to account for the values due to the associates or to provide them in an incomplete manner or fraudulent, or do not make available up-to-date information system for follow-up by the holders of the collected and distributed values and retained credits ;

VIII-retain, delay or improperly distribute raised values or not distribute credits withheld that have not been identified after the five-year period ;

IX-charge abusive or disproportionate administration fee to the effective cost of activities related to the collection and distribution of copyrights, considered the peculiarities of each type of user and the limits set out in § 4º of the art. 99 of Law No. 9,610, 1998, when applicable ;

X-prevent, obstruct or hinder, in any way, individual copyright management, in the terms of the art. 13 ;

XI-use resources intended for actions of a cultural or social nature for other purposes, for actions that do not benefit the collective of the associates or in discompliance with the status of the association ;

XII-prevent or hinder the transfer of information necessary to the collection process and distribution of rights, in the case of the loss of the habilitation by association, pursuant to § 7º of the art. 99 of Law No. 9,610, 1998 ;

XIII-prevent or make it difficult for union or professional association to scrutinize, by way of independent auditor, the accounts provided by the collective management association to their associates, in the terms of art. 100 of Law No. 9,610, 1998 ;

XIV-stop presenting or presenting in an incomplete or fraudulent manner the documents and information provided for in this Decree or in their complementary normative acts to the Ministry of Culture or its associates, as well as to prevent or hinder their access ;

XV-do not give access or advertising, as the case may be, to reports, information and documents updated in the art. 98-B of Law No. 9,610, of 1998 ; and

XVI-firming contracts, arrangements or agreements with confidentiality clause. Single paragraph. They are responsible for the practice of the administrative infractions provided for in this article the collective management associations and, in what couber, the Central Office.

Art. 31. Administrative offences are considered for the purposes of Law No. 9,610 of 1998, and of this Decree, relating to the acting of the Central Office:

I-uncomply with the provisions of § 1º of the art. 99 of Law No. 9,610, 1998, at § 2º of the art. 19 and in § 2º of the art. 21 ;

II-do not make available information system for periodic communication, by the user, of the totality of the works, interpretations or executions and phonograms used, observed the provisions of § 2º of the art. 16 ;

III-cease to account for the values due to the associations, or to provide them in an incomplete manner or fraudulent, or not make available to associations the relation and provenance of the retained credits ;

IV-retain, delay or improperly distribute to the associations values raised or not to distribute retained credits that have not been identified after the five-year period ;

V-allow or tolerate receipt for tax of user values, or collect or allow the pickup of any values by means other than bank deposit ;

VI-quit from incapacitation that has received user values, or hire or allow to fiscal acting that has been disabled ;

VII-interrupting the continuity of collection, or preventing or hinting the transition between associations, in the case of loss of the habilitation by association ;

VIII-stop presenting or presenting in an incomplete or fraudulent manner and information provided for in this Decree or in his supplementary normative acts to the Ministry of Culture or the associations that integrate it, or to prevent or hinder its access, noted the provisions of § 1º of the art. 10 and in the single paragraph of art. 11 ;

IX-prevent or hamper users' access to information regarding the uses by them performed ; and

X-prevent or hinder admission to its copyright holders' association boards which is pertinent to your area of acting and is empowered by the Ministry of Culture.

Art. 32. The practice of administrative infraction will subject the associations and the Central Office to the penalties of:

I-caution, for the purposes of meeting the requirements of the Ministry of Culture within the maximum period of hundred and twenty days ; or

II-cancellation of the habilitation for the recovery activity.

§ 1º For the imposition and gradation of sanctions, they will be observed:

I-the gravity and relevance of the fact, considered the grounds of the infraction and its consequences for users or copyright holders ;

II-the recidin ;

III-the antecedents and the good faith of the offender ; and

IV-the condition disfulfillment imposed in the decision granting provisional habilitation.

§ 2º It is considered to recap the offender who commits new administrative infraction after transition into trial the decision that has condemned him for any administrative infraction in the previous five years.

§ 3º Consider serious infraction to which it involves deviation of purpose or incurrence of obligations to with the associates, such as those provided for in the incisos III, IV, V, VII, VIII, IX and XI of the art caput. 30 and in the incisos III, IV, V, VII and X of the art caput. 31.

§ 4º The sanction for cancellation of the habilitation for the collection activity can only give application of warning penalty and non-service, within the time limit referred to in the inciso I of the caput, of the requirements laid down by the Ministry of Culture.

§ 5º The association that fails to meet the minimum representativeness requirements set out in art. 4º may have your habilitation annulled, except for as long as the deadline for your compliance has not been exhausted, pursuant to the single paragraph of the art. 5º.

Art. 33. For the purposes of the application of the fine provided in the art caput. 109-A of Law No. 9,610 of 1998 consider administrative infractions the following acts practiced by copyright users:

I-fail to deliver or deliver in an incomplete manner to the entity responsible for the collection of the rights relating to the execution or public display, immediately after the act of communication to the public, complete relationship of the works and phonograms used, re-salvaged the provisions of the inciso II and § 1º,

II-for film and broadcasting companies, cease to deliver or deliver in a manner incomplete to the entity responsible for the collection of duties relating to the execution or public display, up to the 10th working day of each month, complete relationship of the works and phonograms used in the previous month, re-salvaged the provisions of § 1º;

III-do not make available or make available in an incomplete manner to the public, on electronic site of free access or, in no case of this, on the place of communication to the public and at its headquarters, the complete relationship of the works and phonograms used, together with the paid values, re-salvaged the provisions of § 1º; and

IV-to provide false information to the entity responsible for the collection of duties relating to the execution or public display or make false information available to the public on the use of works and phonograms and on the paid values.

§ 1º The application of the provisions in the incisos I to III of the caput shall be subject to the provisions of § § 1º and 3º of the art. 22, in the disciplined form in act of the Ministry of Culture.

§ 2º The values of the fines will be subject to the monetary update since science by the autuate of the decision that has applied the penalty until its effective payment, without prejudice to the application of late payment interest and too much charges, as provided for in law.

§ 3º For the application of the fine, respected the limits imposed in the art caput. 109-A of Law No. 9,610, 1998, will be observed:

I-the gravity of the fact, considered the values involved, the grounds of the infraction and its consequences ;

II-the antecedents of the offender, in particular eventual reoffending or good-fé;

III-the existence of dolo ;

IV-the possibility or degree of access and control by the user of the works by him used ; and V- the economic situation of the offender.

§ 4º The competent authority may exempt the user from the application of the fine in the mere error hypothesis material and which does not come to cause considerable injury to third parties, observed reasonableness and the existence of reincidences.

§ 5º It is considered reincident the user who commits new administrative infraction, after transition into trial the decision which has condemned it for the practice of any administrative infraction in the two previous years.

§ 6º The values of the fines applied will be collected from the National Treasury in the form of the legislation

CHAPTER XI

FINAL AND TRANSITIONAL PROVISIONS

Art. 34. The Ministry of Culture will edit complementary acts for the execution of this Decree, notably as to the surveillance actions and the procedures and processes of enabling, rectification and regularization of the enrollment, accountability to the associates, ascertaining and correction of irregularities and enforcement of sanctions.

Art. 35. Personal information passed on to the Ministry of Culture will have its restricted access in the form of art. 31 of Law No. 12,527 of November 18, 2011.

Art. 36. The associations to which the art refers. 5º and the Central Office will have the ninety-day period, counted from the date of the entry into force of this Decree, to adapt its collection regulations to the criteria provided for in Chapter II.

Art. 37. This Decree shall enter into force on the date of its publication.

Brasilia, June 22, 2015 ; 194º of the Independence and 127º of the Republic.

DILMA ROUSSEFF

Attachment (s)