Record label ordered to compensate Jongo Trio

Universal Music has been ordered to pay R$ 15 in moral damages to the members of the defunct Jongo Trio. The decision was made by the Rio de Janeiro Court of Justice. Composer Paulo Cesar Pinheiro was one of the musicians in the group. In 1965, the Jongo Trio participated in the show "2 na Bossa," led by Elis Regina and Jayr Rodrigues, at the Paramount Theater in São Paulo. The show resulted in a long play (LP) and Compact Disc (CD) being released by the Phillips label. To this day, these media are sold without crediting the musical group.

In their defense, the members of Jongo Trio said that their participation in the show went beyond mere musical accompaniment, as they were also the main attraction, since they were already recognized performers in Brazilian popular music. They stated that they were relegated to anonymity due to the lack of publicity and payment of royalties for the recording of the show.

Judge Mônica Maria Costa stated that, just like the holder of the copyright itself, the holder of related rights can also authorize or prohibit the reproduction, transmission, and public performance of the work. This was not the case with the group.

"As performing musicians, the authors have related rights due to their participation in the phonographic work and to each re-recording, in view of the artistic work performed," explained the rapporteur.

The judge pointed out that the group released their own album in 1965, so they could not be considered merely backing acts for musical performers. Furthermore, "although the musical event occurred before Laws 5988/73, 6533/78, and 9.610/98, which deal with intertemporal law, were in effect, the cassette was released in 1983 and the CD in 1994, when the first and second legal instruments were already in force."

The judge ruled that Universal must pay compensation for moral damages in the amount of R$15 to each plaintiff, plus monetary correction from the date of the decision and default interest from the date of the harmful event, subject to the statute of limitations. Furthermore, the judge ordered Universal to publicize the group's name by including a correction in undistributed copies, prominently displayed three consecutive times in a widely circulated newspaper in the domiciles of the plaintiff, the performer, and the publisher or producer.