O streaming e a possibilidade de proteção de obra musical por direitos autorais de execução pública.

Abstract

The purpose of this dissertation is to analyze the technical and legal nature of streaming, especially with regard to the possibility of granting copyright protection for the public performance of musical works. The pretension to elaborate it arose from a concern with the possible pacification of jurisprudence, and, consequently, with the negative impacts in the creative industries, before the understanding established in the judgment of Special Appeal nº 1,559,264- RJ. This is a leading case, since the Superior Court of Justice (STJ) has considered streaming, both in the webcasting mode and simulcasting, public execution and, consequently, legitimized the collection of copyrights by the Central Office of Collection and Distribution ( Ecad). Based on the premise that the judgment in question only binds the parties to the dispute, and that, since the jurisprudence of the mother country is a living organism in constant change, the present work intends to shed light on the legal debate on this new technology responsible for the "rebirth" of the industry musical, with a view to delegitimizing an undue burden on.