The Adele Case: Copyright Allegations Under Brazilian Law

A recent decision by the Rio de Janeiro Court of Justice to suspend Adele’s song Million Years Ago due to alleged plagiarism of the Brazilian song Mulheres has brought Brazilian copyright law into the spotlight. The song Mulheres, well-known in Brazil through Martinho da Vila, was originally composed by Toninho Geraes.

To start, it is important to note that the court's decision is preliminary (a liminar). The case is still under review, but the Brazilian judiciary found significant evidence of potential infringement, justifying the temporary suspension of Adele’s song on digital platforms.

Under Brazilian copyright law, plagiarism is defined as the unauthorized reproduction—partial or complete—of another’s work without proper attribution. In the case of musical works, the analysis becomes even more intricate. It is not enough for a song to simply remind a listener of another; proving plagiarism requires technical expertise.

In Brazil, courts typically appoint a technical expert (perito judicial) to perform a detailed comparison of the works. This involves analyzing the structure, melody, harmony, and rhythm, and often includes audio overlays to determine whether one work was derived from another. Such an in-depth examination is crucial to distinguish between inspiration and infringement.

At this stage, it is too early to definitively state that Adele’s Million Years Ago plagiarized Mulheres. The preliminary decision only indicates potential evidence of infringement.

If it is ultimately proven that Million Years Ago was indeed inspired by Mulheres, what should Adele’s producers have done to comply with Brazilian copyright law? First, they should have sought authorization from Toninho Geraes, the original composer. Additionally, they should have credited him as a co-author, ensuring he would receive recognition and financial compensation for the use of his work.

This case highlights the complexities of enforcing copyright laws in Brazil, particularly when dealing with musical works. While preliminary decisions such as this one aim to protect the rights of Brazilian creators, the final outcome depends on thorough technical and judicial analysis.

In Brazil, where music is a cornerstone of cultural identity, the enforcement of copyright laws ensures that creators are protected and incentivized to innovate. As this case demonstrates, understanding and applying these laws is essential for safeguarding the balance between inspiration and originality.