Analysis of Bill No. 3,133/2012 from a constitutional perspective

Abstract

The development of digital and information technologies increased the availability of media for the fixation and dissemination of intellectual works, giving rise to global information networks that entailed legal and doctrinal controversies, placing on opposite sides the author's individual interest in the full protection of his creation and the public interest in access to the information contained in the intellectual work. Aiming at a better balance between the constitutional provisions involved, as well as seeking to adapt Law n. 9.610 of 1998 to the needs arising from social and technological developments, Bill n. 3.133 of 2012 was drafted. The scope of this article is to examine the amendments proposed to the Copyright Act by that bill, especially as regards the limitations on copyright for the purpose of private use, based on the fundamental rights associated with copyright matters, among which the right of access to information, culture and education. It studies the insertion, in the first article of the Copyright Act, of a structure of principles; it analyses the general notions of limitations and their role in the social function of copyright; and it investigates the proposed amendment concerning reproduction for private use, also addressing interoperability and portability.