Challenges in technological reality: guarantees of copyright in music

• Grant number: 14/17454-7
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: December 01, 2014
• End date: November 30, 2015
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Carlos Eduardo de Abreu Boucault
• Grantee: Guilherme Jorge da Silva Gravatin
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This research has the theme of the copyright on the musical phonographic branch. Studying the TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) and its consequences for Brazil, it aims to approach the main discussions about copyright that relates the authors and their artistic productions, into the postmodern and technological world. Having, the TRIPS, a commercial feature, it's important to distinguish the goals of the protection of copyright in Brazil, that puts the author on focus, from other protections, that likely the TRIPS, evidence the commercial character of the artistic production, over the protection to the author. The dissemination of digital information is fast and available, facilitating unauthorized distribution of copyright content. While communication companies discuss criteria of profitability involving those rights and the financial losses due to the counterfeiting through internet, an important aspect is left behind. Inside the Brazilian law, the protection to the author and performers, artist in general, is extremly important. More than a business relation, there is an intention on stimulation to the cultural production and appreciation of the artist. The elevation of the discussion of the copyright to the cultural standard that is introduced in this research is relevant because it discusses the main elements of international and national law, putting the copyright discussion in evidence. (AU)