O significado do direito autoral na era da sociedade da informação: um estudo comparado de convenções internacionais

Abstract

The Information Society is defined in terms of production, circulation and access to knowledge. Therefore, the copyright became a strategic element to the social, economical, political and cultural configuration of the Information Society. The history of copyright, including the creation of the current international regime for the protection of intellectual property rights, reveals the link established between this category of protection and international political economy. At the same time, new information and communication technologies allow diversification in creating process and access to knowledge, as well as enable the making of new devices which enhance the protection of intellectual assets. This scenario led to the questioning of the forms of regulation of copyright that goes through a process of reconstruction of meaning. The contradiction that is established in the Information Society is emphasized in the field of scientific production and communication, since it involves legitimate social interest as well as principles common to the scientific community. The present study aims to examine this contradiction in the international scenario considering the normative aspects linked to the international copyright protection, evaluating and comparing documents and international regulatory actions of the following international organizations: UNESCO, WIPO and WTO. The objective is to verify, by comparative analysis and data from interviews with key informants, the level of openness of organizations to dialogue with civil society. It will analyze the specific case of the inclusion of Open Access on the Agenda for Development administered by WIPO, and the effects of these debates on the international regime for the protection of intellectual property, as well as on the reconstruction of the legal framework of copyright in Brazil.