A proteção dos direitos autorais e o acesso à informação: cultura, downloads e cópia privada na internet

Abstract

The intellectual property was placed to the test: how we can achieve a balanced situation between the social interests in conflict, when the exchange of information in the current society reaches the apex of the immediate time? This new social paradigm that discloses itself for some under the expression “information society” is the responsible one for the constant disagreements that have been observed in the past few years among copyright defense groups and the interests of society of access to knowledge and the culture. The problem of the executed private copy in digital devices emerges of this conflict, for times related as one them existing forms of piracy. The private use is restricted to the execution of only small stretches, according to the 9.610/98 law, as a limit or exception to copyright protection On the other hand, the integral private copy is recurrent in the daily lives of diverse citizens. It is questioned in the present work if the restriction imposed by the law to the action of the private use answers to the necessities of the society of access to the knowledge. Together, we tried to analyze in which way the public domain can be regulated with sights to the acquisition of the intended balance. Facing an economic model where the information plays such an important role, it is inquired if it is possible to reach an ideal harmonization to be facilitated by the letter of the law and the constitutional interpretation of a private law institute that is the counterpoint to the fundamental rights constitutionally foreseen as basic prerogatives.