STF discusses copyright in the digital age

Minister Dias Toffoli commands public hearing with experts and representatives from the recording sector

The STF (Supreme Federal Court) discusses this Monday (27.Oct.2025) the limits of old contracts on the commercial exploitation of musical works —signed at the time of LPs and CDs— in the face of new forms of diffusion in the era of streaming.

The public hearing is held from 2pm, in the session room of the 2nd Panel of the STF, and should bring together 23 speakers, including experts, teachers and representatives of associations and entities. According to Minister Dias Toffoli, the choice of participants took into account criteria of representativeness, technical qualifications, experience and diversity of opinions.

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The debate will be structured around 2 main axes:

  • the economic exploitation of intellectual works in the digital age;
  • the right to monitor the use of these works on streaming platforms.

The objective of the hearing, according to Toffoli, is to promote a broad and qualified debate among participants and gather technical-scientific information that supports the STF’s analysis of the matter. Each exhibitor will have 10 minutes for the presentation.

The issue of copyright in the digital era, which will be discussed at this Monday’s hearing, is the subject of the ARE (Extraordinary Appeal with Appeal), filed by Roberto Carlos and the estate of Erasmo Carlos against the publisher Fermata do Brasil. Here is the order (PDF – 217 kB).

The artists alleged, in the appeal, contractual breach in the use of their music by streaming platforms. The company, however, maintains that the assignment of copyright made between 1964 and 1987 was definitive.

As the case had recognized general repercussions (Theme 1,403), the STF’s decision will serve as a reference for all similar cases being processed in Brazilian justice.

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