Diálogos em direito:: uma abordagem luso-brasileira sobre o direito autoral da fotografia na era digital
This article analyzes the protection of the intellectual work of photography and the photographer's copyright, through the solutions found in the comparative study of the Portuguese Copyright and Related Rights Code and in the Brazilian copyright law, as well as in the jurisprudential decisions...
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| Format: | Article |
| Language: | Portuguese |
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2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6750387 |
| Source: | PIDCC: Revista em propriedade intelectual direito contêmporaneo, ISSN 2316-8080, Vol. 11, Nº. 3, 2017, pags. 120-150 |
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| Summary: |
This article analyzes the protection of the intellectual work of photography and the photographer's copyright, through the solutions found in the comparative study of the Portuguese Copyright and Related Rights Code and in the Brazilian copyright law, as well as in the jurisprudential decisions of its respective Courts. Although Brazilian and Portuguese copyright law have several similarities, it was verified - at the level of greater distinction - that photography is an intellectual work for all purposes in Brazilian law, however in Portuguese coding, to be considered a work, photography must be evaluated through the criteria of intellectual creation and originality, in court. We point to this legal issue as a problem, insofar as photography is the capture of the "photographic look", endowed with personality and subjectivity, and it is up to the photographer to have the protection of any and all records, regardless of pre-established criteria, as already occurs in Brazil. |
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