News
06.02.2026
Propaganda parodies and copyright
06.02.2026

Propaganda parodies and copyright

During election campaigns, it can be frequently be seen that a melody of a well-known song is employed alongside lyrics with a propagandistic intent. In such instances, the objective is not to satirize elements of the original composition, as is customary in parodies, but rather to promote a candidate in the electoral process.

A notable example occurred in Brazil in 2014. During the campaign for the position of federal deputy, candidate Francisco Everardo Oliveira Silva, affiliated with the Partido da República and commonly known as Tiririca, utilized the song «O Portão» by Roberto Carlos and Erasmo Carlos. Candidate Tiririca adopted not only the melody but also imitated Roberto Carlos’s vocal timbre and stylistic nuances. 

The publishing company holding the rights to this song initiated legal proceedings. In court, candidate Tiririca contended that his rendition constituted a parody and, therefore, no authorization from the copyright owner was required. The Court determined that the nature of a parody - whether commercial, propagandistic, educational, artistic, or otherwise - does not influence its legality as protected under Article 47 of Law No. 9.610/1998. Consequently, the claim brought forth by the copyright holder was dismissed.

 

Subsequently, the Brazilian Copyright Association (ABDA), along with several other organizations dedicated to copyright protection, expressed criticism regarding the court's decision.

 

Anyway, this case illustrates that employing melodies from songs for propaganda purposes may result in claims asserted by copyright holders. It is strongly recommended that persons involved in campaigning activities take into account the relevant legal risks.

Alexander Gusev
Alexander Gusev
Senior lawyer
Back to news list