O direito autoral musical no Brasil: a proteção do artista na crescente tecnológica da atualidade

Abstract

This work sought to identify the protection of the author and his musical creation through the digital era, given the growing technology that facilitates the unbridled propagation of his creations through digital platforms, reproduction and use of voice and music through deepfakes with the use of intelligence artificial, the legal (in)security of these rights and whether current legislation has proven to be effective. Nowadays, we are experiencing unbridled technology, where the internet has become the voice of the moment. In the past, the author was helpless and unprotected of his rights, but with the emergence of laws, the author now has legal security to rely on. But 25 years after the creation of Law 9610/98, there is a reality very different from the time in which the Law was implemented. Technology progresses daily, what was previously unknown is now a technological milestone that older people referred to as "the technological future". Given this scenario, how is it possible to guarantee that the author has his rights actually protected and guaranteed with advanced technology? Furthermore, it is quite questionable whether it has been possible to guarantee due protection of the author's work even in such a digital era that uses artificial intelligence to create hits and use the voices of artists, including deceased ones, as was corroborated in the course of work. This study outlined the supervisory body ECAD, which, in its regulations, seeks to properly value the author's services, such as musical reproduction by artists in different segments. It was necessary to examine the author's past perspective and new perspective, whether he is indeed someone important and has rights in society, and how he is inserted in this digital environment. The methodology used for this research was deductive, including theoretical and qualitative research, using bibliographic materials, such as books and law studies, so that it was possible to conclude that Brazil does not have regulations such as copyright protection mechanisms through increasing technology. current developments in the use of Artificial Intelligence in musical works, all that remains is to wait for the Government, as a matter of urgency, to define the relevant legislation, given the discussions that already exist, so that such regulations come into effect, bringing the copyright security that unfortunately it remains unprotected. [resumo fornecido pelo autor]