Do patrimonialismo à repersonalização do direito autoral: harmonização dos direitos fundamentais à informação, cultura e educação e o uso alternativo de obras protegidas

Abstract

Exacerbation of heritage features throughout the history of copyright brought serious consequences for their development. The copyright laws of historical progress in the scenarios with international and national economic traits notably eventually provide man, creator of intellectual work, a secondary role. Its activity has always been important, but there was a predominance of the equity, having. With the bourgeois revolutions of the eighteenth century began a process of modification of certain ideals, policies for inclusion in the letters of the states of certain fundamental rights. The coexistence of two systems of copyrights in the world ended up further back from the moral prerogatives of the authors. Yet the international legal texts now recognize them, although they are not fully respected. At a later stage there is a change of direction in the understanding of legal systems, is now setting up the foundation for the interpretation of copyright, to emphasize a repersonalization of its institutes. Our purpose in this study is to question whether it is possible to reconsider the legal institutions copyright, even with the new information society, and if possible, today, to meet the social expectations for the achievement of fundamental rights to information, culture and education, placed in check with this new social formation. We will analyze such issues based on the principle of human dignity for in the end, demonstrate the possibility of harmonizing these rights with the alternative use of works protected by copyright laws, taking as an example, the creative commons.