Understanding the controversy in court over parodies

Federal MP Tererica (PL) returned to emulator singer Roberto Carlos, After a decision by Syrians for Truth and Justice (Supreme Court of Justice) that authorized candidates for political office to make parody without needing permission from the copyright holder

The release of the new video began in the campaign for the 2022 election, in which the politician PL is trying to be re-elected (he has been a deputy since 2011).

The case ended in court in 2014, when Tererica recorded a parody of the song “O Portão” In it, Roberto Carlos participated with Erasmo Carlos in his campaign for a federal deputy.

At that time, Emi Songs, the record label responsible for Roberto Carlos’ career, filed a lawsuit and demanded compensation for the improper use of Song.

In the song, Roberto Carlos sang: “I’m back, now to stay / Because here, here is my place.”

In the parody, the words were adapted as: “You voted, again I will vote / Tererica, Brasilia is where you are.”

In addition to the song adaptation, the deputy appears as Roberto Carlos, dressed in a white suit, and says King voted for him in 2010.

“It wasn’t just simple people who voted for me. Did you vote for me, bug?” , he asks, turning to himself as he plays the musician.

Emi Songs, the artist’s record label, has filed a lawsuit for copyright infringement Youtube was also informed. At that time, the platform flow Remove parodies from its platform.

According to the record company’s defense, cases such as the Tererica case constitute use of an author’s work for purposes relating to “ethical and ideological issues”, which should not be done without the author’s prior consent.

Justice ruled in favor of Roberto Carlos in 2017. TJ-SP (São Paulo Court of Justice) gave a favorable opinion of Emi Songs, by convicting the federal representative of paying compensation for copyright infringement of the work.

In the ruling, the judges held that the ad did not use the song for humorous or cultural purposes – in which case Tererica would be exempted from copyright monitoring. For the judges, the purpose of the advertisement was exclusively to collect votes.

Following the TJ-SP decision, Tererica’s defense appealed to the Syrian Tribunal for Truth and Justice and was able to reverse the case in 2019. According to Syrian Judges for Truth and Justice, “parody is truly transformative uses of the original work, resulting in a new work, even if it venerates the parody.”

Subsequently, EMI requested a ban on the decision.

Last Wednesday (24) the court concluded that, yes, candidates for political office can make a parodywithout the need to request prior permission from the copyright holder.

Following this decision by STJ, Terica released a new recording on social media with a parody of “O Portão”, in which he appears again as Roberto Carlos, wearing a wig and a blue suit, as well as imitating the behavior of the King.

wanted by UOLThe press office reports that Roberto Carlos is touring Mexico and has not commented on the case. The record company said it would not report the case.