Da Tutela aos Direitos Autorais Musicais no Meio Digital como refelxo dos Direitos Humanos Fundamentais

Abstract

This study will address the protection of musical copyrights in the digital environment as a reflection of fundamental human rights. The absence of regulatory provisions on the use and distribution of musical works on social media, such as Instagram and TikTok, brings to light the need for an in-depth study of this violation, in light of the evolution of the means of musical reproduction. The central problem of the research focuses on determining whether the distribution of musical works in the virtual environment, in addition to streaming platforms, is protected by general copyright law and what is the reflection of fundamental human rights in the violation of these musical copyrights. From this, the general objective of the research is to understand the legal security applied to producers and performers of musical works and its application with regard to violations on social media, in addition to streaming platforms. The justification for this study lies in the growing importance of social media as music distribution channels, which raises questions about the protection of copyright and the guarantee of fundamental human rights of creators. The research is relevant to understanding the legal challenges faced in this constantly evolving digital landscape and to finding an appropriate balance between the protection of copyright and the promotion of culture and artistic expression.