Música e Electrónica: Sound Sampling, Obras de Computador e Direitos de Autor na Internet

• Autor(a) principal: Pereira, Alexandre Libório Dias
• Data de Publicação: 2004
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10316/28784
• topic: música; direitos de autor; Internet; digital morphing

Music and Electronics: Sound Sampling, Computer Works and Copyright in Internet. This paper has been written to support the communication on music and electronics to the 5th postgraduate course on information society law organized by the Portuguese Association of Intellectual Law. It addresses the issue of the adaptation of Copyright Law to the new technological paradigm concerning mainly music and electronics. To begin with, the notion of copyrighted work is affected by the plastic nature of electronic works, considering namely new technical possibilities of sound sampling, cyber arts and digital morphing. Also moral rights are endangered by these possibilities. Moreover, the notion of author is challenged by computer generated works where no human creator can be appointed. Is there such a thing and should it be protected? Then, the convergence of exploitation forms of works seems to affect the traditional distinction between corporeal and intangible exploitation of copyrighted works. Nonetheless, electronic distribution is deemed to fall within the category of communication to the public thus, being exempted from the community exhaustion rule and requiring a new copyright concept of public. Finally, the legal protection of technical protections is giving rise to a new intellectual property right, mainly where combining it with the sui generis database right. A clear concept of general interest should be applied to establish limits to this information property.