Políticas da propriedade intelectual: o governo da comunicação

• Autor(a) principal: Cunha, André Arias Fogliano de Souza
• Data de Publicação: 2013
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/4560
• topic: Propriedade intelectual; Comunicação social; Razão de Estado; Liberalismos; Arte de governar; Intellectual property; Social communication; Reason of State; Liberalisms; Art of government; CNPQ::CIENCIAS SOCIAIS APLICADAS::COMUNICACAO

Intellectual property and its relation with the field of communication is the subject of this research. It is commonly accepted that intellectual property is a natural law in which the author of any creation of the mind has to the result of his or her labor. That law would ensure the author the exclusive enjoyment of the surplus value produce against any misappropriation (public or private). That particular view reduces intellectual property to something inherent in human nature and therefore removes any historical reality. Then we must ask: at what point did political stances towards intellectual property emerge? Which events indicate its birth? What are its effects? Intellectual property emerges as a social intervention technique in the precise moment that social communication becomes an issue for the government and for the State. In the first chapter we identify the genesis of intellectual property in the context of shaping European national states and of the rationality that gave life to it: the reason of State. Communication is treated as a government object, and the copyright is mobilized as a mechanism for monitoring and disciplining these communicative circuits. In the second chapter we expose the first major fold in the politics of intellectual property. With the advent of liberalism, the functions and mechanisms of government are transformed. That process directly affects the social effects of copyright. In that context copyrights works less as a technique for surveillance and punishment than as a device for control and security of the media market. In final chapter, we present the operating mode of contemporary intellectual property and its relationship with the dominant political philosophy of our day - neoliberalism. In the neoliberal form of government, intellectual property is reappropriated and thus assumes a role even more essential, paradoxical and complex. The main objective of this research is to unseat any discourse on intellectual property that assumes it is intrinsic to human nature. We justify our research posing the irreversible process of a global media community. In such an environment, intellectual property is elevated to the heart of today's political process. The theoretical framework is inspired by the courses of 1976, 77 and 78 given by Michel Foucault at the Collège de France. In addition, we have included authors that update the political thoughts of the French philosopher, among them: Lazzarato, Senellart, Hardt and Negri and others. Finally, we use the research work of a group of historians based at the University of Cambridge in which they inaugurated the academic discipline of the History of Intellectual Property