Article 7 of the Copyright Act (LDA) states that intellectual works protected in Brazil are creations of the spirit. in any way or fixed be it any medium, tangible or intangible.
This means that the LDA privileged the need to outsource the work in order to protect this creation under the copyright system — so in a paper book; or in a social media post, which is immaterial.
Sérgio Branco and Pedro Paranaguá recall a play about the term “Creation of the Spirit” in the second chapter of the book “Copyrights”, 2009 (with a bachelor’s degree). Creative Commons, for those who want to download), the case of the widow of the writer Humberto de Campos, on the one hand, and the Brazilian Spiritist Federation, and Chico Xavier, on the other, in the case of copyright. The dispute was over the publication of a psychographed work, with the prior and express consent of the family, on behalf of the author.
Humberto de Campos’ intellectual work on the intellectual property rights of the intellectual property, although strange, is not. the main casebecause the action was shut down without a judgment on merit, as it serves much more as an effective didactic resource to reinforce the concept of “creation of the spirit”.
However, for those interested in this subject, it is worth reading the book “The Copyright in the psychographic work”, published by Narcélio Ribeiro, Lumen Juris in 2016, the result of his master’s thesis in the sixth grade of the graduate program. Capes (currently a master’s degree in law).
All of this is a serious and breathtaking job. The researcher conducts an extensive survey of cases around the world, with the possibility of considering spiritual entities as creators and holders of intellectual rights. It is surprising how some foreign courts have dealt with this case, which does not detract from the merits of the action, for example, in order to conduct a forensic examination, such as a graphotechnical examination, to determine whether it is the object of intellectual work. the controversy is over whether or not people are dead.
It may seem strange, but this debate is re-emerging in the digital entertainment market, now driven by web 3.0 technologies, mostly using artificial intelligence systems.
Since Snoop Dogg and Tupac performed live on stage at the 2012 Coachella Festival, the entertainment market has been aware of opportunities to exploit digital assets, and has made efforts to bring in the work of deceased artists and / or unreleased performances.
Technology has come a long way because the Tupac couple don’t need a hyper-thin screen to reflect the artist’s image with a projector.. Now, the hologram can be seen on any surface, in the air itself, which increases the chances of cultural production.
This is not something we will look at in the distant future, because it is already happening. Whitney Houston’s tour of Brazil, for example, was scheduled for 2020, but was interrupted by the Covid-19 pandemic, as well as most live shows in the real world.
It’s a bit morbid, but it’s possible that it could measure its potential for the entertainment market, which has obviously led to a bunch of legal issues, all of which are still open.
Doubts about the copyright of works created by artificial intelligence systems, the identity rights of deceased people, patents on technological inventions embedded in AI solutions are becoming more common.
Needless to say, these serious questions that affect everyone else, such as the epistemological paradigms and ethical guidelines that support this analysis, need to be guided and implemented. design of these emerging technologies in web 3.0.