Direito do autor da fotografia: resultado de uma produção coletiva

Abstract

The present work addresses as theme, the study of copyright reflected in contemporary society, where technological innovations are increasingly frequent and make possible the access to intellectual works in an instantaneous way. Although access is more democratic, it runs into barriers that copyright legislation imposes through limiting devices to the public and, at the same time, overly protective to the author. It is up to the study to specifically analyze photographic works and address the idea that they are increasingly collective works, through a model of collaboration between authors that is gradually being disseminated within the cultural industry. In order to reach the expected results, the hypothetical-deductive method was used for the research, where it started from the general premise of copyright as a patrimonial and consequently individualistic phenomenon, to reach the specificities of shaping its use within a peculiar perspective of copyright as a collective phenomenon, especially regarding the authorship of the photographic work. Notwithstanding, the historical method will be used as an auxiliary method, considering the need of analyzing the Brazilian legislation regarding the copyright theme. The techniques used were indirect documentation (bibliographical research in books, scientific magazines, articles, dissertations and theses) and documental (laws, judicial decisions and specific documents), aiming at meeting the importance the theme requires. Thus, the present monograph was elaborated, which begins the studies bringing the historicity of copyright; next, the relationship of law with photography is approached, bringing concepts and practical case; finally, the objective of the study is reached in exposing the authorship crisis in contemporaneity and bringing a viable solution within the national legal context.