CIVIL AND PROCEDURAL LAW. REPETITIVE SPECIAL APPEAL. ACTION FOR COMPLIANCE WITH LEGAL PRECEPT AND COMPENSATION FOR DAMAGES. ECAD. COPYRIGHT. DEVICES (RADIO AND TELEVISION) IN HOTEL ROOMS, MOTELS AND THE LIKE. TRANSMISSION OF MUSICAL, LITERARY-MUSICAL AND AUDIOVISUAL WORKS. LAWS N. 9.610/1998 AND 11.771/2008. COMPATIBILITY. PAY-TV. BIS IN IDEM NOT ESTABLISHED. WELL-FOUNDED REQUESTS. NO OMISSIONS. PRESCRIPTION. MONETARY CORRECTION. BEGINNING TERM.
1. Summary of the case
Possibility of copyrights collection, by the Central Office for Copyrights Collection and Distribution (ECAD), in the case of use of musical and audiovisual works in hotel rooms, motels and the like.
2. Thesis defined for the purposes of art. 1.036 of the CPC/2015
a) "The provision of equipment in a hotel rooms, motel rooms or other for the transmission of musical, literary-musical and audiovisual works allows the collection of copyright by the ECAD."
b) "The payment of TV channel services by a hotel does not prevent the collection of copyrights by the ECAD, and this doesn’t configure bis in idem."
3. Judgment of the specific case
a) Offence against arts. 489 and 1.022 of the CPC/2015 not characterized, given that the Court of origin decided, in a reasoned manner, all the issues mentioned by the defendant, and it was unnecessary to expressly refer to certain legal provisions.
b) In this case, the payment of copyrights to ECAD, is due as a result of the provision in hotel rooms of radio and television equipment (payed TV channels) for the transmission of musical, literary-musical and audiovisual works, observing the effects of MP n. 907, of 11/26/2019, during its validity.
c) Accordingly to precedents of the STJ, since it is a matter of non-contractual liability, the statute of limitations for the collection/compensation of copyright arising from the provision of equipment in a hotel room, motel room or other similar enterprises for the transmission of musical, literary-musical and audiovisual works is three years.
d) The factual-procedural premise invoked by the appellant - the alleged absence, in the appeal, of a complaint regarding the initial term of the monetary correction - which would, in itself, have led to a violation of articles 2, 141 and 1,013 of the CPC/2015, does not correspond to the procedural reality, given that the appellant, in his appeal, expressly requested that the sentence be reformed with regard to the initial term of the monetary correction.
4. Appeal granted in part to enlarge the extent of the sentence’s effects.