As duas faces do Direito Autoral: O direito do autor e o direito da sociedade

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O direito do autor e o direito da sociedade

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As duas faces do Direito Autoral

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Se você tem uma laranja e troca com outra pessoa que também tem uma laranja, cada um fica com uma laranja. Mas se você tem uma idéia e troca com outra pessoa que também tem uma idéia, cada um fica com duas.

Confúcio

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Como surgiu o Direito Autoral

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O Autoral como Braçal

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• Apesar de sempre ter existido o direito autoral em sua concepção subjetiva, na antiguidade o trabalho artístico não tinha nenhuma diferenciação ao trabalho manual perante o Direito; • Somente no século XV, com a invenção da imprensa e da gravura por Gutenberg é que se dá o reconhecimento patrimonial do direito autoral, com a possibilidade de comercialização de obras do campos das das artes, literatura e ciências.

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Reconhecimento Real e Legal

• O termo “copyrights” foi utilizado pela primeira vez no “Estatuto de Anne” de 1710, que deu direitos exclusivos de impressão à corporação de editores de Londres, chamada Conger.

• O termo “propriedade intelectual” apareceu pela primeira vez na Corte de Massachusetts em 1845, no caso “Davoll et al. v. Brown”.Tratava-se de um conflito envolvendo um pedido de patente.

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A Revolução e a Convenção

• Com a Revolução Francesa o autor passa a ser legalmente protegido pela carta dos Direitos de Representação de 13 de janeiro e a partir de 1791 e em julho de 1793 pela regulamentação dos direitos de representação.

• Com a Convenção de Berna, em 1886, ainda em vigência e com última revisão datada de 1971, com ementas em 1979, o direito autoral adquire sua forma definida e inicia seu desenvolvimento nas legislações de vários países, inclusive no Brasil.

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O Direito Autoral no Brasil

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

• A primeira proteção autoral objetiva datada do início do século XIX, quando, em 11 de agosto de 1827 foram criadas as suas duas primeiras Faculdades de Direito, uma em São Paulo e outra em Olinda.

• Código Criminal de 1830 que, no seu artigo 261, estabeleceu o direito exclusivo do cidadão brasileiro de imprimir, gravar, litografar ou introduzir qualquer escrito ou estampa, por ele próprio feito, composto ou traduzido.

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O Direito Autoral no Brasil

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

• Em 1898, com a Lei n.º 496, de 1º de agosto, o direito autoral passa a ser um privilégio garantido por cinquenta anos, contados a partir do primeiro dia de janeiro do ano da publicação. • Mais tarde, com o Código Civil de 1916, a matéria passa a ser tratada em três itens, quais sejam, as propriedades: I. Literária; II. Científica; III. Artística. Consolida-se aí, a proteção legal dos direitos autorais em nosso país.

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Direito Autoral no Século XX

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O Que é Direito Autoral

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

• Ramo do Direito Civil destinado a regulamentar as relações jurídicas surgidas a partir da criação de obras literárias, artísticas ou científicas; • A lei do direito autoral dentro do ramo da propriedade intelectual cuida do esforço intelectual direcionado as artes, a cultura (literatura, artes plásticas, música, etc)

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© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

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• paternidade da obra;

• é intransferível, personalíssimo;

• Reivindicação a qualquer tempo a autoria da obra; • Conservar a obra inédita.

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Direito Autoral Moral

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© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Direito Autoral Patrimonial

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

• publicação, divulgação ou comunicação da obra ao público, tanto pelo próprio autor como por outrem autorizado; • Reprodução e representação da obra; • interesses monetários da obra.

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© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

• A reprodução parcial ou integral; • A edição;

• A adaptação, o arranjo musical e quaisquer outras transformações; • A tradução para qualquer idioma;

• A inclusão em fonograma ou produção audiovisual;

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Autorização prévia e expressa do autor

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© copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © 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copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Convenção da União de Berna

• Tratado Internacional que vigora desde a década de 1880; • Reúne mais de 100 países signatários;

• alcança as obras literárias e artísticas, bem como as de caráter científico, independentemente de seu modo de expressão (livros, esculturas, multimídia, etc); • prevê a proteção tanto dos direitos autorais patrimoniais quanto morais;

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© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Convenção da União de Berna

• assegurar os direitos de autor de trabalhos estrangeiros;

• autores oriundos de países signatários recebem o mesmo tratamento que os locais;

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copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

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Assembléia Geral da ONU 10/12/1948

•Artigo XXII

• Toda pessoa tem o direito de participar livremente da vida cultural da comunidade, de fruir as artes e de participar do processo científico e de seus benefícios; • Toda pessoa tem direito á proteção dos interesses morais e materiais.

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Direito Autoral na Era Digital

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Indústria cultural

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• No século XX, com o avanço da tecnologia, a “indústria cultural” se desenvolve como nunca antes. Novas criações tecnológicas – como o fonógrafo, o LP, fita, CD, MP3 – são apropriadas por esta indústria, que lucra enormidade ao disponibilizar comercialmente, e em grande escala, produtos culturais oriundos de trabalhos autorais.

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Indústria cultural

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Um Novo Contexto

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Novos Problemas

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Novas Respostas

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Copyleft

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Copyleft

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CREATIVE COMMONS

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CREATIVE COMMONS

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copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

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© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

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“A criminalização de toda a geração dos nossos filhos não conseguirá impedir estas atividades [de compartilhamento de arquivos via internet], só fará que aconteçam às escondidas”

Lawrence Lessig.

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copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright 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© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Faça melhor que eu pago

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

• É simples: Hoje o compartilhamentos de filmes e séries de TV via redes bit torrent é muito mais popular do que os meios oficiais e legais de distribuição porque o serviço é muito melhor. Não é uma questão apenas de ser de graça, é uma questão de agilidade e qualidade. • Se a indústria conseguir oferecer um serviço melhor que o oferecido pelas redes de compartilhamento, ela encontrará um mercado gigantesco disposto a pagar por seu material.

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copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Como Fazer

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

1)  Logo  após  a  exibição  do  episódio  na  TV,  ou  logo   após  o  lançamento  do  DVD,  disponibilize  o  filme/ série  em  seu  site  oficial  para  download  pago  por   no  máximo  US$1,00  ; 2)  Disponibilize  legendas; 3)  Facilite  o  pagamento; 4)  fidelize  o  público;

5)  forneça  assinaturas;

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copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Como Fazer

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

1)  Logo  após  a  exibição  do  episódio  na  TV,  ou  logo   após  o  lançamento  do  DVD,  disponibilize  o  filme/ série  em  seu  site  oficial  para  download  pago  por   no  máximo  US$1,00  ; 2)  Disponibilize  legendas; 3)  Facilite  o  pagamento; 4)  fidelize  o  público;

5)  forneça  assinaturas;

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copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © 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copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Lei nº 9.610/98

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

• A nova Lei traz algumas inovações quanto as disposições que regulam as criações intelectuais, dentre elas as produzidas pelo designer gráfico;

• Toda e qualquer criação intelectual que contenha um mínimo de criatividade e originalidade, que seja exteorizada e lançada num suporte físico, é protegida pela lei autoral.

• A ideia, por mais bem concebida que seja e desde que não transformada em criação efetiva, lançada em suporte físico, não constitui obra protegida.

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De Quem é a Autoria

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

• O autor é sempre a pessoa física. A pessoa jurídica nada cria, de fato. Daí ser o autor somente a pessoa física do criador ou criadores; • A nova lei eliminou a fictio juris de que a obra coletiva era uma criação da pessoa jurídica, cabendo tanto os direitos autorais morais como os patrimoniais; • A pessoa jurídica é apenas titular.

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Presunção de Autoria

© © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

Considera-se autor da obra intelectual, inexistindo prova em contrário, aquele que tiver indicada ou anunciada essa qualidade, na sua utilização, independente de seu registro em qualquer órgãos ou entidades de registro de marcas e patentes.

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Direitos Morais e Patrimoniais

• São direitos morais, que são intransferíveis, inalienáveis e irrenunciáveis, os de: • Reinvidicar a autoria da obra; • Veicular seu nome à obra; • Conservar a obra inédita; • Assegurar integridade da obra; • Modificar a obra; • Retirar a obra de circulação; • Na arquitetura, repudiar a obra alterada.

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Direitos Morais e Patrimoniais

• São patrimoniais, que são transferíveis, alienáveis. Ao contrário dos morais, podem ser cedidos a terceiros. São cabíveis de:

• Cabe ao autor conceder a terceiros a reprodução ou transformação da obra; • As diversas modalidades de utilização das obras são independentes entre si; • A aquisição do original de uma obra ou exemplar não confere qualquer dos direitos patrimoniais do autor sem o devido contrato.

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Desconstruindo propriedade intelectual. São Paulo: Universidade de São pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop Grupo de Pesquisa em Políticas Públicas para o©Acesso Bauru, SP:copyright © copyl yright © copyleft Paulo. copyright copyright copyright copylefta Informação; copyright © copyleft © copyleft © copyleft pyright © copyleftCanal copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop 6, 2010. yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright copyright © copyleft © copyleft copyright © copyleft copyright © copyleft copyright © cop • LESSIG, Lawrence. Cultura Livre. www.free-culture.cc/reviews yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop • DIVERSOS O Valor do©Design: da ADG©Brasil de práticas profissionais do copyright © copyl yright © copyleft copyright ©AUTORES. copyleft copyright copyleftGuia copyright copyleft copyright © copyleft pyright © copyleftDesign copyright copyright copyright copyleft copyright copyleft copyright © cop © copyleft © copyleft ©ADG ©dos Gráfico. 2ª ed. São Paulo: Editora SENAC São Paulo; Brasil Associação yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleftDesigners copyright Gráficos, 2004. copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop © copyleft yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright copyright copyright copyright ©Disponível copyleft copyright © cop © copyleft © copyleft © copyleft • ALENCAR, Edson Andrade de. O lobby antipirataria e sua origem. IN: Baixacultura. yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl : http://baixacultura.org/2009/03/19/o-lobby-antipirataria-e-sua-origem pyright © copyleftem copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright copyleft copyright copyright copyleft copyright © copyleft © copyleft copyright © cop • COPYLEFT –© Manual de uso. Traficante de sueños; Madrid,© 2006. Disponível em: http:// yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleftwww.manualcopyleft.net/libro_manualcopyleft.pdf copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright ©Michael; copyleftFARAON, copyright copyleft copyright copyright © cop • KORFMANN, Gustavo. A rede copyright digital e as©configurações de autor. IN: © copyleft © copyleft yright © copyleft Fragmentos, copyright ©Revista copyleft copyright copyrightda copyleft copyright copyleft copyright © copyl © copyleft © Universidade ©de de Língua e Literatura Estrangeiras Federal Santa pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft Catarina, copyright copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl © copyleft nº33, jul/dez 2007. pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright copyright copyright © copyleft © copyleft © copyleft copyright © copyleft copyright © copyl • LEMOS, André. Ciber-cultura Remix. Disponível em: http://www.andrelemos.info/artigos/remix.pdf pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl • TRASEL, Marcelo. Direitos copyright autorais. Disponíve http://pt.scribd.com/doc/8037637/ pyright © copyleft copyright © copyleft © copyleftlem:copyright © copyleft copyright © copyleft copyright © cop yright © copyleft Apresentacao-sobre-direito-autoral copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl pyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © cop yright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyleft copyright © copyl © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © © ©

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Referencias

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