Brazil’s recorded music market grew 14.1% in 2025 to R$3.958 billion and moved up to eighth in the IFPI global ranking, according to Pro-Musica Brasil. Streaming alone accounted for R$3.4 billion of that.
The country still has no rule on whether an AI company can train on any of those recordings.
The bill that would create one, PL 2338/2023, passed the Federal Senate on 10 December 2024 with a full copyright chapter attached. It has been sitting in the Chamber of Deputies ever since.
What the Senate text actually says
TDM means text and data mining, the automated ingestion of works to train a model. The Senate substitute treats it in three linked articles:
- Article 63 carves out an exception for research and development by scientific institutions, museums, public archives, libraries and educational bodies.
- Article 64 gives copyright and related rights holders the power to prohibit the use of their content in training.
- Article 65 says that where a rightsholder has not prohibited it, the AI operator owes remuneration for the use.
That structure matters more than the headline. It is not a blanket ban and it is not a free-for-all. It is an opt-out regime with a payment obligation attached to whatever you do not opt out of, which is a different economic proposition from the pure opt-in licensing deals now being signed at rightsholder level in Europe and the United States.
Lawyers Priscila Akemi Beltrame and Luisa Roman flagged the obvious problem in a December 2024 analysis: quantifying that remuneration will not be easy.
Where it stopped
The bill reached the Chamber in March 2025 and was sent to a Special Committee on Artificial Intelligence, with deputy Aguinaldo Ribeiro (PP-PB) as rapporteur.
Agencia Brasil reported on 9 August 2026 that the committee has not met since November 2025, and that Chamber president Hugo Motta has indicated a vote will come only after the October elections.
Fenaj president Samira de Castro told the outlet that the lobby against the copyright chapter is heavy: “O lobby das big techs e muito forte. Elas querem tirar toda essa parte que fala de direito autoral.” Technology firms argue the provision makes training local models unviable.
The music sector put its name on paper
On 19 May 2026, a coalition of music, audiovisual, publishing, journalism and dramaturgy bodies delivered a joint letter to the Special Committee asking that the copyright chapter survive intact.
The music signatories are the ones worth noting for anyone with Brazilian repertoire: Pro-Musica Brasil, UBC, Abramus, ECAD, Socinpro, Sicam, SBACEM, Assim, Amar Sombras and UBEM, alongside CISAC. Paulo Rosa, president of Pro-Musica Brasil, signed for the group.
Their ask is narrow and specific: preserve the full exercise of licensing, control and remuneration rights under Lei 9.610/98.
What this means if you hold Brazilian rights
An opt-out regime only works for people whose recordings can be identified. That is a metadata problem before it is a legal one.
- ISRC discipline. ISRC means International Standard Recording Code. Under Article 64, a recording nobody can match to an owner is a recording nobody can opt out on your behalf.
- Know who actually holds the switch. As we covered in every AI music licensing deal in 2026 is opt-in, the decision sits with the rightsholder of record, not the performer.
- Read the AI clause in your distribution agreement. Several distributors added training-consent language in 2025. Check whether yours grants, reserves or is silent.
- Keep your ECAD and CMO registrations current. Brazil already treats streaming as a public performance, which means two separate money trails run off the same recording.
- DDEX means Digital Data Exchange, the messaging standard distributors use to send rights and ownership data to platforms. Clean DDEX delivery is what makes a future opt-out enforceable at scale.
None of this is settled. But the Senate text is the most artist-favorable AI training framework any of the top ten recorded music markets has actually voted on, and it is one substitute amendment away from disappearing.
If your catalogue earns in Brazil, the window to have your ownership data in order closes when the committee reconvenes, not when the law passes.
