The sertaneja duo Israel & Rodolffo, which after Big Brother Brasil has been making huge success with the song ‘Batom Cereja’, filed a lawsuit against Globo and also against the office that negotiated the rights to their songs, AudioMix, with a ” document display action”.
According to the entire process to which this columnist had exclusive access, the duo had signed a rights-assignment agreement that gave Audiomix absolute exclusivity of the sound and audiovisual interpretations performed by them. Thus, the process tells that a contract was signed so that Audiomix could represent the artists’ interest with Som Livre, and thus sign a contract with Globo.
Also according to the process, Audiomix ceded to Som Livre rights arising from the interpretations performed by Israel & Rodolffo. The pair points out to the Court that one of the clauses agreed that the payments and transfers due to the pair would be the responsibility of Audiomix due to the various forms of exploitation by Som Livre, among other events such as concerts and advertisements.
However, according to the duo, the confusion began because a clause said that the payments provided for in the contract could be made in the form of rebates of amounts paid to advances made by Som Livre to Audiomix. The duo alleges in the process that they began to suffer rebates on royalties received from Globo without knowing the reason, and that they therefore notified Globo and Audiomix to be accountable. But the sertanejos told the court that both Globo and Audiomix acted in bad faith by hiding the financial information and leaving unanswered all the extrajudicial notifications sent by their office.
The lawsuit filed at the 40th Civil Court in Rio Janeiro asks the Court to force Audiomix to Globo to present all financial spreadsheets of the amounts paid and written off on the duo’s income.
First decision requires opening accounts
To court, Globo claimed that it was not due to the presentation of documents – even in court – since the agreement made is governed by confidentiality clauses. Audiomix, on the other hand, also refused to present the documents, claiming that its attribution was only to pass on to the duo the amounts paid by Globo.
The Justice has already given a sentence in the first instance. The judge’s decision acknowledged that Globo and Audiomix must submit, within 30 days, the confidentiality agreement made between the two, in addition to all the worksheets referring to the assignment of rights, advances and payments made between them so that the duo is aware about the reason for the amounts that were deposited with rebates in your account.
However, the obligation was temporarily suspended because Audiomix appealed the lower court decision. On January 20, the duo rejected Audiomix’s appeal request stating that the spreadsheets should be presented, and once again pointed out bad faith due to the lack of transparency in financial transactions.
On March 4th (in full BBB21) the Court sent an appeal for the judges to judge in the second instance the obligation to open accounts. According to the latest movement of the case in court, the pair and those involved are now awaiting the decision of the judges. They will decide whether the lower court decision – which forces Globo and Audiomix to open accounts so that the duo has full knowledge of the rebates that were made on top of the transferred royalties – will be maintained.
In contact with the duo’s manager Rodrigo Byca, this columnist received confirmation that Audiomix no longer represents the country duo Israel & Rodolfo in the market. Also according to the businessman, although the process is still in progress in court, “the case would have already been resolved through an agreement between the parties”, and now it would be necessary, therefore, to notify the court of the case so that the process can be , in fact, terminated.