One of the biggest icons of Brazilian rap, singer and songwriter Gabriel O Pensador has filed a lawsuit in Rio de Janeiro’s court against two of the country’s leading e-commerce platforms, Mercado Livre and Shopee, as well as seven other online stores. The dispute revolves around the unauthorized use of excerpts from the song “Até Quando” on products such as t-shirts, posters, and decor items. Released in 1993, it became one of the most emblematic songs of Brazilian rap.
When a song becomes a hit and captures the public’s imagination, it is common for entrepreneurs to see it as an opportunity to profit. However, this movement does not always respect the artists’ copyright and image rights. This is precisely where legal risks arise and serves as a warning for those selling without authorization.
According to Luiz Fernando Plastino, lawyer at Barcellos Tucunduva Advogados (BTLAW) and Intellectual Property specialist, the Copyright Law prohibits the use of intellectual works unless authorized or in specific situations, called copyright limitations, where the use does not constitute infringement. “Reproducing excerpts of a song on products may be prohibited by law if the reproduction is not limited to small excerpts and if it becomes the main feature of the product or causes unjustified harm to the author or owner,” he explains.
In the view of Kevin de Sousa, civil lawyer and master in Personality Law, partner at Sousa & Rosa Advogados, the legal protection of Brazilian artists is theoretically solid but practically challenging, combining Article 20 of the Civil Code – which protects image and honor – with the moral rights of Article 24 of Law 9.610/98, creating a dual shield.
“I see three fundamental pillars here: first, the right to the integrity of the work, which prevents its distortion; second, the right of paternity, ensuring authorship recognition; third, protection against unauthorized commercial use that distorts the original context,” he argues.
Additionally, the misuse of artistic works, such as the rapper’s, goes beyond financial aspects. ‘Particularly relevant in Gabriel O Pensador’s case, when a work of social protest is printed on t-shirts out of context, it affects not only the artist’s finances but also their creative identity and political message,’ the lawyer defends.
Holding Platforms Accountable
The Brazilian Federal Supreme Court (STF) recently ruled that digital platforms, such as marketplaces, can be held liable for illegal content posted by third parties, even without a court decision, depending on the case. This ruling changes the previous understanding, which stated that these companies could only be held liable if they failed to comply with a court order. Now, the STF believes this rule does not sufficiently protect people’s rights on the internet, especially in more serious situations.
“Moreover, if the platform is notified and takes no action, or if it profits from these products directly or indirectly, it may be held liable for the damages caused to the artist,” warns Victória Dias, lawyer at Ambiel Bonilha Advogados and specialist in Entertainment Law and Intellectual Property.
“The STF also made it clear that platforms must have moderation rules, functioning reporting channels, and transparency reports. If they lack these mechanisms, it can weigh against them in case of potential liability,” the lawyer adds.
