Problemas Actuais da Gestão do Direito de Autor: Gestão Individual e Gestão Colectiva do Direito de Autor e os Direitos Conexos na Sociedade da Informação

• Autor(a) principal: Pereira, Alexandre Libório Dias
• Data de Publicação: 2003
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10316/28790
• topic: direito de autor; direitos conexos; gestão coletiva; sociedade da informação

Present Issues of Copyright Management: Individual and Collective Copyright and Neighbouring Rights Management in the Information Society. This paper, which evolves from a communication presented to the post-graduate course on information society law organized by the Portuguese Association of Intellectual Law, addresses the issue of copyright and neighbouring rights management in the electronic environment. To begin with, it exposes some basic notions of copyright management, in particular the fact that the ubiquitous nature of intellectual works makes it difficult for rights holders to control and authorize their use. To face this problem systems of collective management have been created and in some situations authors and rights holders are legally submitted to mandatory representation. Anyway, individual management is not entirely replaced by collective management. Moreover, collective management has a strong impact on copyright “in action”. In addition, it is considered that collective management societies are undertakings for purposes of competition law, and the issue of the effects of registration in a copyright management society is also considered. Then, several specific concerns raised by the digital environment to copyright management are addressed. Cryptographic technologies are applied to protect works on-line making possible electronic management of rights and the institution of a “single shop”. In this context, traditional copyright management societies risk to be replaced by content multimedia companies. At the same time, these companies face the challenge of a revolution of authors, who are in a position to exploit their works worldwide by the electronic communications networks. Finally, some answers to these concerns are addressed, in special the legal protection of technical systems of protection and management of works established by the European directive on copyright in the information society as well as the special injunction against online service providers granted by this same directive to copyright holders.