MUSICAL AGENCY CONTRACTS: THE POSSIBILITY OF ADAPTING FOREIGN LEGAL SOLUTIONS TO THE PROBLEM OF INEQUITY BETWEEN CONTRACTING PARTIES

Abstract

This article critically analyzes music agency contracts under Brazilian law, highlighting the challenges in curbing abusive clauses and ensuring effective protection of artists’ rights. The Brazilian music industry, strongly impacted by digitalization and new streaming platforms, faces increasing contractual complexity, accentuated by profound power asymmetries between musicians, especially those at the beginning of their careers, and large companies in the sector. Unilaterally drafted contracts often contain clauses that are difficult to understand and abusive in nature, such as unrestricted assignments of economic rights and excessively long exclusivity clauses, which compromise the artistic and financial autonomy of musicians. Although Brazil’s current copyright legislation represented significant progress at the time of its enactment, it has not kept pace with recent transformations in the music market, leaving gaps for predatory contractual practices. The methodology of the study is based on documentary analysis of national and foreign legislation, combined with a comparative study of normative models from the United States and the European Union. It is concluded that the protection of copyright and the freedom of artistic professional practice, recognized as a fundamental right, requires urgent reforms in Brazilian legislation, which can be inspired by already consolidated foreign models. Such changes are not merely a technical necessity, but a political and cultural imperative aimed at valuing creators and building a fairer environment for national music.