Digital Contracts
Custom contracts for digital products, creators, and licensing in Brazil.
Digital contracts law structures the legal relationships of businesses operating online — from creation to distribution, partnership to licensing. Hosaki Advogados assists foreign founders and brands with service agreements, digital product contracts, copyright licensing, image and voice rights assignment, audiovisual production deals, and creator agreements under Brazilian law.
Frequently asked questions
What must a contract with a creator or influencer include under Brazilian law?
A creator or influencer agreement must at minimum specify: the scope of work and number of deliverables, authorized platforms, publication timeline and any exclusivity period, the brand's rights to use the produced content (duration, channels, territory), advertising disclosure obligations under CONAR (Brazil's Advertising Self-Regulation Council), compensation and payment terms, and termination causes and applicable penalties. Image and copyright assignments must be made expressly with clear limits on term and purpose — broad and indefinite assignments are null under Brazil's Copyright Law (Law No. 9,610/1998).
How do I correctly assign image rights for an advertising campaign in Brazil?
An image rights assignment must be in writing and specify: parties, description of the authorized images or videos, specific purpose (e.g., digital campaign on the brand's social channels), authorized media and platforms, geographic scope, a defined term, and remuneration. Article 20 of Brazil's Civil Code requires authorization for commercial use of a person's image, and generic unlimited assignments are restricted and may be unenforceable under Brazilian law. For influencers who are minors, authorization must be granted by their legal guardians.
Can a foreign brand use a template contract for Brazilian creators, or is a custom contract necessary?
Template contracts can serve as a starting point but rarely address the specificities of digital business operations — particularly regarding copyright ownership, exclusivity on specific platforms, and Brazil's advertising disclosure obligations. An inadequate contract can create unwanted obligations, transfer rights more broadly than intended, or leave gaps that become contentious. The cost of a custom contract is consistently lower than the cost of a dispute arising from a generic contract that does not fit the business.
What is the difference between copyright assignment and licensing under Brazilian law?
In a copyright assignment (cessão), the holder permanently transfers part or all of their economic rights to a third party, who becomes the new holder for the assigned purposes. In licensing, the holder retains ownership and only authorizes use under specific conditions of term, territory, purpose, and channels — and may revoke or renegotiate at the end of the period. Brazil's Copyright Law (Law No. 9,610/1998) requires assignments to be in writing and interpreted narrowly; rights not expressly assigned remain with the author. For most content creation agreements, licensing is more appropriate and flexible than full assignment.
How can a foreign digital product seller protect against abusive chargebacks and piracy in Brazil?
Protection for digital products combines contractual, technological, and legal layers. In the purchase contract, the refund policy must be clearly stated and compliant with Brazil's CDC (Consumer Protection Code), which grants a 7-day cooling-off period for off-premises purchases under Art. 49. To combat piracy, registration of the work with the Copyright Office (EDA/FBN) or a notary strengthens authorship evidence, and takedown notices can be issued under Brazil's Copyright Law, and on international platforms via their DMCA-style takedown procedures. Periodic monitoring of the product on marketplaces and social media groups is part of the ongoing protection strategy.
What must a contract with a talent agency or production company include in Brazil?
A talent agency agreement must define: the scope of representation (which activities, which brands, which platforms), whether the relationship is exclusive and the limits of that exclusivity, the agency's commission and how it is calculated, the agency's accounting obligations, termination conditions and post-contractual effects (such as the fate of contracts signed during the term). With audiovisual production companies, it is essential to define ownership of raw materials and final product, the creator's rights to use the produced content, and responsibility for third-party clearances (music, locations, background talent). Confidentiality and non-compete clauses are frequently relevant in both cases.
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