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Ruling Reaffirms That the Author’s Moral Right Is Inalienable and Cannot Be Waived by Contract, Even in Cases of Total Assignment of Property Rights.
According to the portal Migalhas, the STJ upheld the conviction of a publisher to pay R$ 1 million in damages to an author for publishing their work under an unauthorized pseudonym, in violation of the moral rights established by the Copyright Law (Law 9.610/98). The decision, made unanimously by the 3rd Panel, reinforces that the name and authorship identity are non-transferable and cannot be altered even in the face of total assignment contracts.
According to the court, the choice of name or pseudonym is an exclusive prerogative of the author, and any modification without their authorization infringes on the moral right of attribution. The rapporteur, minister Ricardo Villas Bôas Cueva, emphasized that neither contractual clauses nor commercial agreements can annul this right, which is considered personal and unrenounceable under Brazilian law.
The Case That Originated the Damages
The case began from a contract of total assignment of copyright signed in 2012, in which the author transferred to the publisher only the property rights over a textbook.
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Despite this, the company decided to release the work under pseudonyms not chosen or approved by the author, which motivated the legal action.
The publisher argued that the contract provided, in the seventh clause, the possibility of publication under a pseudonym and that authorization was given in a “free and conscious” manner.
In its defense, it stated that the Pernambuco Court of Justice (TJ/PE), by annulling the clause, had violated the principle of autonomy of will and created a “dangerous” precedent for the publishing market, opening the door for the revision of contracts made by mutual agreement.
The STJ, however, rejected the defense’s thesis in its entirety.
For the rapporteur, contractual freedom does not supersede the protection of authors’ moral rights, which are inalienable and independent of the property assignment of the work.
The Vote of Minister Ricardo Villas Bôas Cueva
In his vote, Minister Cueva recalled that Law 9.610/98 establishes a restrictive interpretation for contracts of assignment of copyright, precisely to prevent the author from losing control over their intellectual creation.
“It is exclusively up to the author to choose the name, pseudonym, or sign that identifies them. Any substitution or anonymization without their authorization constitutes a violation of moral rights,” stated the rapporteur.
The minister also emphasized that the reexamination of the value of damages cannot be done in a special appeal, according to STJ’s Summary 7, since it involves factual issues already considered by lower courts.
Thus, the amount of R$ 1 million was maintained, encompassing both moral and material damages.
What the STJ Decided and Why the Case Is Relevant
The unanimous decision of the 3rd Panel reaffirms a central principle of Brazilian copyright law: the distinction between moral and property rights.
While property rights can be assigned or licensed, the moral rights remain forever with the creator of the work.
For the STJ, the choice of artistic name or pseudonym is part of the author’s creative identity, and their alteration without consent is equivalent to denying authorship.
The court also highlighted that no contract can suppress this right, under penalty of nullity of the clause.
Legal experts point out that the decision strengthens legal security for authors and creators, especially in a publishing market where standardized contracts often fail to fully protect the moral aspect of the work.
Precedent for the Publishing Market
With the upholding of the conviction, the STJ establishes an important precedent for the publishing and audiovisual sector, reinforcing that contractual autonomy has limits when it collides with fundamental personality rights.
The decision also serves as a warning for publishers and producers regarding the need to fully respect the authorship and creative identity of professionals.
Specialized lawyers believe that the case will lead to revisions in contracts for assignment of copyrights and greater caution in publications under pseudonyms or collective names, in order to avoid similar disputes.
The STJ’s decision, affirming the damages of R$ 1 million, consolidates an essential understanding: authorship is a value that goes beyond the contract and the economy, as it is linked to the identity and intellectual expression of the creator.
And you, do you agree with the understanding of the STJ? Do you think the author should always maintain control over their name and pseudonym, even after selling the rights of the work? Leave your opinion in the comments; we want to hear from those who live and follow the literary and legal market in practice.
Vitória para todos os artistas, compositores, escritores e criadores. O Direito do Criador sobre a sua Criatura é sagrado e, sempre será!