Intellectual Property on the Internet “Memes”: Perspectives from Copyright and Brand Law

• Autor(a) principal: Siteneski do Amaral, Jordana
• Data de Publicação: 2019
• Outros Autores: Oro Boff, Salete
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/34668
• topic: Meme. Brand. Copyright. New technologies. Fair use; Meme; Marca; Direito Autoral; Novas tecnologias; Limitações ao Direito de Autor.

On the Internet, memes have become a phenomenon:they are widely shared, disseminated in digital culture and inthe social imaginary. Given this context, the research problemis to verify if there is protection of intellectual property in thememes of the internet? The methodology consists of the useof the bibliographical technique and the method of deductive approach and monographic procedure. One has that the meme is a manifestation of the cyberculture, of the remix and integratesthe “cultural broth”, possessing capacity of replication. In an agewhere information acquires value based on its propagation, the use of the meme can generate profit and unauthorized and / or undue uses. Faced with cases like these, it was seen that some creators claim the registration of trademark with the INPI. Of the two cases presented at the INPI were analyzed, one of them already obtained the protection by the trademark law, and another has a pending decision. It was also possible to verify that besides the protection by the trademark right, the Copyright Law can be applied.