One of the biggest icons of national rap, the singer and songwriter Gabriel O Pensador has filed a lawsuit in the Rio de Janeiro 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, prints, and decorative items. Released in 1993, it became one of the most emblematic songs of Brazilian rap.
When a song becomes a hit and captures the popular imagination, it’s common for entrepreneurs to see it as an opportunity to profit. However, this movement doesn’t always respect the artists’ copyright and image rights. This is precisely where legal risks arise and serves as a warning for those who commercialize without authorization.
According to Luiz Fernando Plastino, a 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 is not an infringement. ‘The reproduction of excerpts from a song on products can be prohibited by law if the reproduction is not limited to small excerpts and as long as it is not the main attribute of the product nor causes unjustified harm to the author or owner of the song,’ he explains.
In the view of Kevin de Sousa, a 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 double 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 the recognition of authorship; third, protection against unauthorized commercial use that misrepresents the original context,” he argues.
Moreover, the misuse of artistic works, like the rapper’s, goes beyond the financial aspect. ‘Particularly relevant in Gabriel O Pensador’s case, when a social protest work becomes a T-shirt print without context, it affects not only the artist’s pocket but also their creative identity and political message,’ the lawyer defends.
Platform Accountability
The Supreme Federal 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 order, depending on the case. This decision changes the previous understanding, according to which these companies could only be held liable if they disregarded a court order. Now, the STF understands that this rule is insufficient to 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 is profiting from these products, directly or indirectly, it can be held liable for the damages caused to the artist,” warns Victória Dias, a lawyer at Ambiel Bonilha Advogados and specialist in Entertainment Law and Intellectual Property.
“The STF also made it clear that platforms need to have moderation rules, functioning reporting channels, and transparency reports. If they lack these mechanisms, it also weighs against them in the event of potential liability,” the lawyer adds.
