O Direito Autoral como expressão da propriedade intelectual e da liberdade de expressão na indústria musical.

Abstract

This study investigates the foundations, challenges, and transformations of Brazilian copyright law in the face of advancing digital platforms. The research aims to analyze copyright as a legal expression of intellectual property and freedom of expression, considering the practical developments of this institution within the context of the music industry. The study begins with the legal framework based on the 1988 Federal Constitution and Law No. 9,610/1998, addressing both moral and economic rights, as well as the legal limitations for educational, cultural, and journalistic uses. It analyzes the changes in the creation, distribution, and monetization of intellectual works in the digital environment, highlighting the fragility of the ECAD's collective management model and the economic concentration among major record labels. The text discusses the tension between copyright protection, freedom of expression, access to culture, and technological innovation. It emphasizes the urgent need for legislative updates to recognize legitimate practices such as transformative use and cultural remixing. The study proposes the implementation of transparent regulatory mechanisms and public policies that encourage the appreciation of independent creators, aiming for a copyright system aligned with democratic principles and the promotion of cultural diversity in Brazil. The methodology applied was deductive, through a literature review.