A função social do direito de autor no contexto da sociedade informacional

Abstract

The present work aimed to analyze the social function of copyright in the context of informational society, investigating the conflict between copyright and right to information and culture. As method, it was applied a dialectic approach, and a combination between historical and monographic procedure. At first, the historical evolution of copyright was analyzed, confronting then constitutional rights of access to culture and to information. It was verified that copyright has a social function in promotion of economical, cultural and technological development of society. Next, it was performed a brief study about informational society, entering the conflicts between private interest of the author of the creation and public interest of access to information and culture present in digital environment. At this point, the relevance that informational society has in cultural diffusion was shown, contributing to the implementation of social function of copyright. Finally, the modifications in limitations of copyright in the new Brazilian Copyright Bill were analyzed, aiming to verify if the proposals are in harmony with social function of copyright. Nevertheless, it was verified that the proposals don’t approach in an appropriate way the issues about copyright in the context of informational society.