Copyright

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Law^[2] Copyright is a legal right that protects intellectual works, granting creators exclusive control over their original creations. Originating from the Statute of Anne in 1710, it covers moral and property rights, protecting both the creator's reputation and their economic interests. Copyright varies across legal traditions, with common law and common law approaches. civil law^[1] differing in their implementation. It covers literary, artistic, musical and scientific works, preventing unauthorised reproduction. Protection typically lasts for the life of the creator plus 50-70 years after the creation of the work. death^[3]After that, the works enter the public domain. Neighbouring rights extend protection to performers and technical contributors. Although debated as a property or personal right, copyright aims to balance the interests of creators with public access, encouraging creative expression and innovation. Registration, although not compulsory, provides additional legal advantages for copyright holders.

Terms definitions

1. ↑ civil law. Civil law is a comprehensive legal system that governs private relations in various jurisdictions. Originating from Roman law (Ius Civile), it encompasses principles of ethics, sociability and operability. The system influences multiple legal traditions, including Brazilian civil law, which has undergone significant transformations through historical codifications. The Brazilian Civil Code, established in 2002 (Law No. 10.406), replaced previous legal structures and introduced progressive changes such as reducing the age of civil majority to 18, allowing parental emancipation from the age of 16 and guaranteeing equal rights for artificial and natural children. Its structure includes a General Part, a Special Part and a Complementary Part, addressing various legal domains. The code reflects evolving social norms by promoting gender equality and adapting legal definitions to contemporary social contexts, demonstrating the dynamic nature of civil law in regulating citizens' interactions and rights.

2. ↑ Law ( Law ) Law is a complex system of rules that regulate human behaviour through rights and duties, shaped by various social and cultural influences. Rooted in Latin and Sanskrit origins, it encompasses various legal families such as civil law and common law. The field largely distinguishes between public and private law, addressing corporate and individual interests respectively. Its foundations date back to archaic societies, with early codifications such as the Code of Ur-Namu and the Code of Hammurabi. Roman law significantly advanced legal systems, separating law from religion and morality, and developing sophisticated legal concepts. Modern law comes from multiple sources, including state legislation, international treaties and individual contracts. Courts and tribunals apply legal norms through interpretation guided by doctrine, custom and judicial precedent, reflecting the dynamic and adaptive nature of law.

Note: This article is about the set of prerogatives conferred by law on the individual or legal entity that creates the intellectual work. For other meanings, see Copywriting.

Copyright, copyright or copyright is a set of prerogatives conferred by law on the individual or legal entity that creates the intellectual work, so that it can enjoy any moral and patrimonial benefits resulting from the exploitation of its creations. It is derived from individual rights and is situated as a hybrid, special and autonomous element within the civil law.

For legal purposes, it is divided into moral rights e assetsMoral rights ensure the authorship and integrity of the creation to the author of the intellectual work and are generally non-transferable and non-assignable in most countries, including Brazil. Property rights, on the other hand, refer mainly to the economic use of the intellectual work and can be transferred and/or assigned to other people. The transfer of property rights takes place through licensing and/or assignment.

Copyright is not to be confused with publishing law. Publishing rights are the set of prerogatives, rights and obligations that a publisher has when publishing a work.

A work goes into public domain when the property rights expire. This is usually a period after the death of the author (post mortem auctoris). The minimum term, worldwide, is 50 years and is provided for by the Berne Convention. Many countries have extended the term widely. For example, in Brazilian and EuropeanIt is 70 years old. Once that time has passed, this work can then be used freely, with many legislations maintaining the obligation of certain moral rights even after this period.

Copyright is understood as a type of intellectual property and one of the fundamental human rights in Universal Declaration of Human Rights. No anglo-saxon law the notion of copyright (literally translated as 'right to copy') is used, which focuses on the patrimonial part of copyright (property rights) and has a more objective perspective.

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