ECAD e gestão coletiva de direitos autorais no Brasil: a necessidade de supervisão estatal

Abstract

This dissertation presents a problem that has sparked discussions about the reform of Law No. 9.610/98, the Copyright Act, namely, the possibility of state supervision in the operation of collective management of copyright and related rights of musical works in Brazil, ECAD and conducted by associations of authors. The conflict exist once the 1988 Constitution in art. 5, paragraph XXVII guarantees the author and, by consequence, the management bodies, the exclusive economic use of their works, and seals in the art. 5, XVIII, state interference in the functioning of associations. On the other hand, the collective management organizations must meet functions to ensure Copyright in harmony with the fundamental rights of cultural diffusion, as well as users the right of access to works. This work was based on bibliographic reading of the main aspects of the Copyright Law and of the exercise of their collective management since the aegis of Law No. 5.988/73, aiming to demonstrate how the agency specifically created to manage the Brazilian collective management of copyright and related matters concerning the implementation of public works in the music field, the Central Bureau of Collection and Distribution (ECAD), has been developing its activities. Furthermore, we analyzed the structure of the Office, the criteria for collection and distribution, verifying the controversial aspects of management. The results show that the authors and users have little participation in the collective management of system operation, once there is unilateral imposition of rules by managers, which creates conflicts between the parties involved. This makes it difficult to effectuation of fundamental rights of the authors, artists and access to culture. The proposal is thus based on the theories of the constitutionalization of the Copyright Law and its social function, the need for state supervision in the process, starting to act as limiting tool of the actions of ECAD and associations that compose it, placing the author in focus of collective management, and protecting users from possible arbitrary criteria concerning charges for the uses of the works. Government intervention can ensure transparency in administration management, creating a balance between the fundamental rights involved.