STJ validates Fermata’s supervision of Roberto Carlos and Erasmo’s classics in 2024, shaking up the music market
On November 12, 2024, a decision by the Superior Court of Justice (STJ) brought to the fore an intense debate about copyright in the context of Brazilian music. The 3rd Panel of the STJ upheld the validity of the copyright assignment contracts made by Roberto Carlos and Erasmo Carlos with Fermata do Brasil, a publisher that controls a vast catalog of classics of Brazilian Popular Music, such as “Detalhes” and “Quero que vá tudo pro inferno”. This decision not only limits the ability of artists to explore their creations independently, but also reinforces Fermata’s dominance in a music scene that has transformed drastically with the rise of streaming. The legal battle and its impact on the music market The fight for copyright has intensified over the years, with Roberto Carlos seeking to regain control over his most important compositions. He argued that the established contracts focused on promotion and not on the permanent assignment of copyright. However, the STJ ruled that the contractual provisions were clear and permanent, maintaining Fermata as the holder of the property rights. This outcome represents a profound reflection on the transition from a traditional music market to a digital environment. In 2024, the STJ validates Fermata’s supervision over the classics by Roberto Carlos and Erasmo, driving significant changes in the music market and bringing new perspectives to the Brazilian music industry. The financial implications of this decision are significant, as streaming now accounts for 65% of the music industry’s global revenue, totaling more than $12 billion by 2023. In Brazil, digital music consumption has increased by 30% in the last five years, positioning the country as one of the leaders in Latin America in this segment. However, artists like Roberto and Erasmo continue to be tied to contracts that do not adapt to this new reality. The cultural legacy and Jovem Guarda The Jovem Guarda, which emerged in the 1960s, is not only a musical landmark, but also a cultural phenomenon that influenced generations. During this time, contracts with Fermata were seen as a means of success, but they hid clauses that transferred copyrights permanently. This highlights the lack of specialized legal advice, which was beyond the reach of most artists, who were often more focused on their immediate trajectory than on long-term implications. Event Date Implications
Signing of contracts with Fermata
1960s and 1970s
Legal challenges
2000s
Questions about the validity of contracts
| STJ decision | November 12, 2024 | Confirmation of the validity of contracts |
|---|---|---|
| The consequences of the decision for the national discography | The STJ decision is not only a defeat for Roberto Carlos and the heirs of Erasmo Carlos; it sets a precedent that can be used by other publishers and artists facing similar disputes. This new reality highlights the urgent need to review the legislation that covers copyright, so that it reflects the current digital environment and balances the interests of artists and publishers. The limits imposed by the old definitive assignment contracts may mean a setback in the creative autonomy of veteran musicians, who have a catalog that is still relevant in the context of Nova Música Brasil. | https://www.youtube.com/watch?v=fUgSRV3ADlg |
| Transformation of the music market and new realities | The music industry, which was previously based on the sale of LPs and radio plays, is now dominated by streaming. In 2023, streaming continued to expand, becoming the main source of income for musicians worldwide. For Roberto and Erasmo, new creative possibilities, such as remixes or collaborations, are out of reach due to contractual restrictions. Most of the revenue generated by the use of their songs is retained by the publishers, which harms not only the economic potential, but also artistic expression. | A necessary change in music contracts |
| A central aspect of the STJ decision is the distinction between different types of contracts in the music industry. Definitive assignment contracts transfer rights permanently, while publishing contracts offer the possibility of renegotiation after a certain period. This difference is crucial at a time when contemporary musicians are seeking greater autonomy and flexibility to navigate the rapid changes in the industry. | Legal and social aspects of the dispute | Roberto and Erasmo’s legal battle is emblematic of a larger problem that affects many artists in the same situation. Many musicians, especially the old guard, are unable to adapt to the new norms of the music market, due to the rigidity of contractual clauses established in past decades. At the same time, Brazil continues to stand out in the global digital music scene, which only increases the pressure for change. |
Aspect
Impact
Sur le meme sujet
Concentration in publishers, little margin for artists
Cultural legacy
Difficulties in revitalizing classics
Old contracts
Sur le meme sujet
Limitation of artists’ autonomy
Challenges and lessons for the new generation
| The difficulties that Roberto and Erasmo face serve as a warning to contemporary musicians. To avoid similar pitfalls, it is essential that new artists seek specialized legal advice and consider agreements that do not prevent them from exploiting their creations in the future. Here are some steps that can be taken: | Consulting specialized lawyers to review contracts before signing. |
|---|---|
| Including clauses for periodic reviews in light of technological changes. | Preferring publishing contracts that offer greater control over the works. |
| Negotiating fair royalty percentages, ensuring a sustainable financial return. | https://www.youtube.com/watch?v=rIoubtffasg |
| Cultural impact and preservation of legacy | The musical legacy of Roberto Carlos and Erasmo Carlos goes beyond numbers; it is a cultural representation that shaped the identity of Brazil. However, the difficulty of reinterpreting and re-releasing their works prevents these songs from continuing to evolve and resonate with new generations. It is not only a financial challenge, but also a question of preserving the cultural memory of an era. |
In this scenario, the role of publishers, such as Fermata, becomes critical. They hold the power to decide how and where songs are explored, taking care of a collection that represents part of the
national discography.
- However, this power can also mean the stagnation of artistic creativity.
- Generation
- Challenges
- Possible solutions
Sur le meme sujet
Loss of rights
Review of old contracts
New generation of musicians Lack of legal protectionFlexible contracts
| Towards a new copyright legislation | The issues raised by the dispute between Roberto and Erasmo and Fermata indicate that Brazil’s copyright laws are in need of an update. Current laws, which date back to a time when music was consumed in a completely different way, no longer meet digital realities. To ensure that music culture thrives, open dialogue between artists, publishers and legislators is essential. Together, they can work to create a system that benefits both creators and companies involved in the sector. With a collaborative mindset and a focus on innovation, the future of Brazilian music can be bright, allowing classics to continue to delight listeners in a digital world. The story of Roberto Carlos and Erasmo Carlos should serve as an inspiration, not a warning, to the new generation of artists. | |
|---|---|---|
Post Comment