the world of Internet it was a “place” without many established laws – for a long time, by the way. Thus, to this day, many people continue to consume in this environment. pirated products, such as games, movies, courses, etc. There is an infinity of services and products offered online that have a specific value, but that are always found on the net “free of charge”. In light of this, you might wonder whether actually downloading pirated movies could be a crime, although the conclusion to that premise is somewhat obvious.
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According to article 184 of the Brazilian Penal Code, downloading pirated movies or series is indeed a criminal configuration. According to the law, the penalty for those who consume pirated products can be from three months to one year, subject to the fine due to illicit acts. Furthermore, if piracy is carried out with the intention of obtaining a profit on top of the production of other people, marketing to the public, the crime becomes a violation of the Copyright Law (9.610/98).
“Among the rights of the author is precisely that of prior authorization for the partial or complete reproduction of the work (art. 29, I of the LDA) and for its storage in a computer (art. 29, IX of the LDA)”, highlights Luciano Benetti Timm, partner at CMT Advogados, professor at FGV and former president of the National Council to Combat Piracy, at the Ministry of Justice. According to him, downloading pirated movies on the internet without the authorization of the owners of these products would easily be a criminal conduct typified in the aforementioned articles.
However, there is still an exception within the legislation. “Whether the film is lawfully downloaded will depend on the type of license purchased. In general, the licenses are for private and non-profit use of the work, and the user can store it on his personal machine for a certain period. An example would be downloading content from Netflix,” he explains.
Geographer and pseudo writer (or otherwise), I'm 23 years old, from Rio Grande do Sul, lover of the seventh art and everything that involves communication.
