Digital Services – general information

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PÁGINA INICIAL Digital Services – general information
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Digital Services – general information

Every day, millions of musical works and sound recordings are played throughout Brazil in different channels and media. The work carried out by Ecad in collecting public performance rights and distributing the values to authors, performers, musicians, among others, is essential to keep the music production chain active.

Ecad – Escritório Central de Arrecadação e Distribuição is the collective management society in charge of granting the license for public performance rights in Brazil, as stated in Section 99 of the Brazilian Copyright Law – 9.610/98. Find out more about Ecad’s work and access the documents that regulate its activities at this link.

Ecad, as a music promoter, acts to ensure that the owners of these works receive fair remuneration for the applicable public use. By paying for public performance rights, you guarantee the operation of the musical production chain and keep alive this art so loved by all.

Blanket license

The public performance rights fee is not charged “per song”, but for the type of use and characteristics of the platform, application or website. The model adopted in Brazil and used by Ecad consists of a license for the unlimited use of musical works and sound recordings – a web radio, for example, pays monthly fees and can use as many songs as wished. The person responsible for payment is always the one who transmits/makes the music available.

How the public performance rights are collected

The use of musical works and sound recordings on websites, applications, streaming platforms or in any other way characterizes public performance, regardless of whether there is income or profit. For this reason, it is necessary to obtain the license by paying the public performance right fee.

The calculation of the fee is based on the criteria established in the ECAD Collection Regulation as defined by the music associations that manage Ecad, and is available for consultation on our website.

The amount to be paid is calculated according to three criteria: the content of the website in connection with the music (main music, entertainment, or minor music), purpose of the website (commercial or institutional/promotional) and the way in which music is used (ambiance, podcasting, webcasting, among others).

Fill out this form and register your service or project for proper regularization.

Commercial Websites

In the case of commercial websites, a percentage is charged on their gross revenue, which may come from sponsorship, advertising, subscriptions, etc. If the website does not have direct income, its purpose may be considered institutional or promotional, and the license fee shall be calculated according to the number of UDAs (Copyright Unit). Learn more here.

For services with a commercial purpose, in which the percentage of income is lower than the amount established in UDAs for such form of use, the amount paid shall correspond to the number of UDAs, according to its purpose.

Streaming of music events

In the case of streaming of musical events via internet, the charge is also based on the price list mentioned above.

Frequently Asked Question

Social Media

  • I want to post a video on social media, do I have to pay ECAD?

    In this case, the responsibility for licensing the public musical performance lies with the platform that will make the content available/streaming, and not with the person who published the video.

  • The platform blocked my video claiming copyright infringement, does ECAD solve this problem if I pay?

    Ecad does not block, take down or suspend content on the platforms. We suggest that you check the platform’s community guidelines and the instructions to be followed in such cases.

  • I want to insert a song in a video and run this advertisement on a social media , should I pay ECAD?

    In this case, the responsibility for public music performance licensing lies with the platform that will make the content available/streaming, and not with the person who published the video. Attention to other rights involved that shall be licensed with the respective right holders.

Web Radio/Web TV

  • I have a web radio/web TV, do I have to pay ECAD?

    Yes, the ECAD license is required whenever there is public performance of musical works and sound recordings, including in the digital environment.

  • How much do I have to pay?

    The amount shall depend on the characteristics of the service, as we take into account the type of content, the purpose of the service and the type of public performance. For more information and evaluation, send an email to servicosdigitais@ecad.org.br.

  • Do I have to pay for my web radio that only plays gospel songs/hymns/praises?

    Yes. The license for public musical performance does not consider the musical genre, but the characteristics of the service, such as the importance of the music, purpose of the project and mode of musical performance.

Platforms/websites/apps

  • I'm creating an application with a wide catalog of songs. Which rights do I have under the ECAD license?

    After analysis of the project and subsequent licensing by the Digital Services team, a license for public musical performance shall be granted, providing the right to make available/perform any musical work or sound recording. If there are other rights involved for the legal operation of the service/platform, the responsible person shall contact the respective right holders.

  • My platform monetizes through advertising, do I still have to pay?

    Yes, because there are several monetization methods. After evaluation of the service by our Digital Services team, the respective charging criteria shall be applied.

  • Does ECAD provide a tax invoice or licensing statement?

    Ecad does not issue a tax invoice due to its legal nature as a non-profit private entity. Under such legal nature, Ecad is not a service provider, but a licensing entity. Proof of licensing is the bank payment slip and the registration (form/ contract) of valid licensing.

  • Do I need to report to Ecad the musical works and sound recordings played in my service?

    Yes, sending a report containing the musical works and sound recordings played on the service during a certain period is a legal obligation. After proper licensing, our team offers the necessary guidance on sending such report to ECAD.

  • Does ECAD provide any program to create this report?

    No. Ecad does not provide any program, but makes a standard form available on its website with all the information necessary to generate a report on the use of musical works and sound recordings via Internet, available at:
    www4.ecad.org.br/nvoi-da-programacao-musical-segmentos/#internet

  • I would like to know the amount of the license for my service.

    You can send the complete description or an access link of your project to:
    servicosdigitais@ecad.org.br and request the evaluation of your service.

  • I have already paid the production companies for the movies /series available on my platform, should I still pay ECAD?

    Yes. The only entity responsible in Brazil for granting the license for public musical performance is ECAD.

General Questions

  • My platform does not resemble any of the previous options, what should I do?

    For a better analysis by our team, send the detailed description of your project to the following email servicosdigitais@ecad.org.br

  • How are the amounts are transferred to the artists?

    85% of all amounts collected are transferred to the holders of author and neighboring rights, that is, composers, performers, musicians, publishers and record producers protected by Brazilian law. Another 6% is allocated for the operating expenses of the collective management societies that manage ECAD, and the remaining 9% is allocated to ECAD for the management of its activities throughout Brazil.

  • Do foreign artists also receive public performance rights when their songs are played here in Brazil?

    Yes. Brazilian music associations have representation and reciprocal bilateral contracts with societies of the same nature in several countries, which makes it possible for foreign artists to receive their respective rights when their songs are played in Brazil. In these cases, ECAD collects the amounts and distributes them to Brazilian associations, which pass them on to foreign associations and then to the right holders.

  • Is there a fine for those who do not pay copyright?

    Non-payment of public performance rights is a violation of Brazilian Copyright Law 9.610/98 and the law offender shall be legally liable for the unauthorized use of musical works and sound recordings, subject to applicable criminal and civil penalties. It is important to clarify that ECAD exhausts all negotiation possibilities before resorting to the Judiciary.

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