ACCESS TO CULTURE AND COPYRIGHT ON SOCIAL NETWORKS: THE PROTECTION OF COPYRIGHT CONTENT IN TIMES OF DIGITAL SOCIETY
Access to Culture; Society; Digital; Copyright; civil responsability.
The technological revolution, also called the digital revolution, in which we are part, has radically changed the way we live in society. The internet allows us access to the most varied forms of culture and social networks have become the most used means of disseminating information, displacing the so-called traditional media. The context of a digital society imposes the need to modernize the Brazilian Copyright Law, which was already anachronistic in relation to technological development in the digital area that flourished at the end of the 1990s. There is a tense debate around two rights very important fundamentals – access to culture and copyright. A reflection of this was the failure, in the early 2010s, of the attempt to reform the LDA, even after the Ministry of Culture had submitted a Draft Law to public consultation that aimed to adapt Brazilian law to the digital reality.
The project was shelved without reaching a consensus on the topic. The present work proposed a qualitative approach, using the hypothetical-deductive method to carry out bibliographic and documentary research, in databases, dissertations and theses, as well as on platforms of scientific articles to understand the challenges linked to the protection of constitutional right to freedom of expression and access to culture in the face of the also constitutional right to copyright, analyzing concepts, historical and legal aspects, points of tension and interests related to the topic, addressing the issue of civil liability of social networks in Brazil of copyright, as well as the controversies surrounding the Directive on Copyright in the Digital Market of the European Union.