| Name: | Description: | Size: | Format: | |
|---|---|---|---|---|
| 1.62 MB | Adobe PDF |
Authors
Advisor(s)
Abstract(s)
The emerging and evolution of Copyright happens through
adaptations of technological evolution. The digitalization and circulation
of works on the Internet is another challenge that Copyright will be
able to overcome. In a European Union (EU) context, the answer involves
the removal of borders in what must become a common market.
The principle of territoriality, which is the foundation of Copyright, will
necessarily be affected in a common digital market. We view, with
particular interest, the clear definitions of legal and illegal actions, as
well as similar surveillance for all countries in EU in terms of the illegal actions.
Moreover, it is necessary to reestablish the equilibrium between
right owners and users, creating new exceptions for users and applying
them in the same manner in all 28 member EU countries. In this context,
the Regulation on exportable content, the revision of the Directive on
Satellite and Cable and the multi-territorial licenses provided by the
management entities, are very welcome. In terms of the compensation
for private copy, a common system and a common surveillance
system must be implemented for all Member Countries.
The Commission predicts that in the long-term an European Copyright
Code will be possible. In the meantime any legal solutions that
unify legislations within the EU is welcome.
In what concerns legislation outside EU multinational treaties should
be encouraged because the legal questions online are spread
beyond any physical borders.
Because our CDADC had already problems when it was enacted
and is now a patchwork of several Directives, perhaps it would be
advisable to create a new Code.
Description
Keywords
Pedagogical Context
Citation
ROCHA, Victória - Breves considerações sobre o futuro do direito de autor na era digital. Estudos de Direito do Consumidor. ISSN 1646-0375. N.º 10 (2016), p. 71-90