A regulamentação da função social do direito autoral brasileiro e a nova economia do compartilhamento como mecanismos de efetivação do equilíbrio entre a proteção autoral e os direitos fundamentais coletivos

Abstract

Emphasizes the relevance of Copyright Law’s social function to the efective balance between the copyright rights and the public fundamental rights. Performs a brief historic of Copyright Law and its fuctionalization. Analizes the regulation of the Copyright Law social function. Explores the limitations to the exercise of Copyright Law and examines its intrinsic and extrinsic restrictions. Investigates the new model of the Mesh Economy and its characteristics. Evidences how the politics of the new born Mesh Economy enforces and helps the Copyright Law in the promotion of the democratization of the fundamental rights of access to culture, to information and to education. Proposes that the politics of the Mesh Economy may be used in order to achieve the balance between the authoral protection and the public fundamental rights. Concluses that the efectivation of the Copyright Law’s social function shaw be encouraged through, not only, the limitations of the copyright rights, but also, through the mecanisms of the diffusion of the culture and the information arised from the new model of Economy.