[Guest Post] Can Performers' Rights Be Bought Out at All? Brazil's New Dance Professionals Act Revives a 1978 Assignment Ban for the Streaming Age

Key Takeaways

• Law No. 15 396/2026 bans assignment of performers' rights.
• Ban applies to each exhibition, affecting streaming royalties.
• Reinstatement challenges industry reliance on one‑time buy‑outs.
• Highlights need for Brazilian residuals framework.
• Pending Bill 4 968/2024 could codify unwaivable remuneration.

Pulse Analysis

Brazil’s copyright framework has long juggled two competing regimes: the 1998 Copyright Act, which permits the transfer of economic rights, and the older Law 6 533/1978 that bars outright assignment of performers’ rights. By reviving the 1978 language in the Dance Professionals Act, lawmakers reaffirm that artistic contributions cannot be reduced to a single upfront payment. This legislative echo clarifies that any exploitation—whether a live show, broadcast, or on‑demand stream—triggers a separate remuneration obligation, a stance that courts have struggled to apply consistently.

For streaming platforms and production houses, the practical impact is immediate. Traditional clearance workflows often rely on a one‑time buy‑out to secure worldwide, perpetual rights, simplifying licensing and budgeting. The new ban forces companies to negotiate per‑exhibition fees or develop collective‑management mechanisms to track each stream, potentially inflating costs and complicating catalog management. Without a statutory residuals system, rights holders may still lack transparency on usage data, prompting industry calls for clearer reporting standards and tariff structures.

Internationally, Brazil’s move mirrors the EU’s DSM Directive and the residual‑pay debates that fueled the 2023 Hollywood strikes, underscoring a global trend toward protecting creators’ downstream value. The pending Bill 4 968/2024 could cement an unwaivable remuneration right for all online public communications, effectively creating a statutory residual model. As legislators, courts, and platforms grapple with these changes, Brazil may become a test case for how emerging markets balance efficient content distribution with equitable compensation for performers and creators.