Direitos De Autor, Artes Visuais E Creative Commons: Panorama Da Realidade Brasileira Pela Possibilidade Do Direito De Escolha.

Abstract

The continuous construction of human identity permeates the complex dimension of Culture and the cut of Art that initially differentiates us from other living beings. This article proposes to analyze the interaction of copyright and creative commons from the perspective of the Visual Arts in the panorama of contemporary Brazilian reality. The problem faced is whether there is in national copyright law an effective right of choice between the contemporary visual artist between copyright and creative commons when designing his work and making it available to the public for economic purposes or not. We admit the following hypotheses: the existing legal apparatus and provided to the intellectual creator is enough to be concrete between the choice of all rights reserved or some reserved rights. Or, is not there enough dissemination for the understanding and exercise of choice. A qualitative study of the commons licenses and Law no. 9.610 / 98 is carried out using the deductive analysis, based on disseminated data, specialized literature and theoretical reference. The results point to a still nebulous atmosphere of discussion, appropriation and reflection on the impact of copyright in the diffusion, even economic, of works of art. However, we conclude that we are at an early stage of perceiving a democratic transformation, since the right to choose is effective not by mere speculation, but by discussion and empowerment by the author of the speculative capital rules of the art market.