According to the
art. 3 of the resolution, the rule specifies two types of copyright: moral rights, related to the paternity of the intellectual work; and patrimonial rights, which are rights of use of the work. Moral copyrights are inalienable and perpetual, that is, any form of dissemination for profit or reproduction of the work must identify the author of the original project. Patrimonial copyrights are transferable and prescriptive if the author consents. In order for professionals to guarantee their image rights, they must be registered, as well as their works, with the CAU. Therefore, any individual or legal entity interested in using images from the project for profit must indicate the name of the author in the campaign, the professional's registration number at CAU and the technical activities carried out, after requesting authorization to use the image directly from the agency. In 2008, architect Luiz Antonio Monzillo won a lawsuit against a paint brand after the facade of one of his projects was featured in an advertising campaign without his knowledge or authorization. The decision was made by the Superior Court of Justice and the professional received compensation for damages. morals. At the time, the company claimed to have received authorization from the owners of the residence, who had received R$30,000.00 so that the façade could be used for at least twenty years in its products. As provided for in the resolution, which came into effect a few years later, Moral copyrights are inalienable and the owners did not have any kind of power over the copyright of the work.
