Os novos desafios da proteção ao direito autoral da propriedade artística musical frente ao princípio da proporcionalidade

Abstract

The phenomenon of digitization and the increasing popularity of file-sharing programs have raised the problematic about copyright infringement to a global level never experienced before. The economic impact created by unauthorized distribution of music and the incompatibility of the laws with the brand new technological reality proved so intense that the need to make legislative changes became undeniable. However, such changes have created great controversy for the stiffness of some statutes, for not answering to the principle of proportionality and for obstruct the access to the works, expanding absurdly the control of the copyrights holders, leaving the focus on protecting their economic rights much larger than the assigned to the moral right of the author. This monographic work aims to study the evolution of copyright and its features, and also to do an examination of the principle of proportionality and its influence on the development of new laws to in the end discuss the new challenges of protecting the artistic musical work, proposing a solution based on marketing trend and in the mentioned principle.