O direito autoral brasileiro na era streaming musical

Abstract

This study analyzes the historical and legal development of copyright law, with an emphasis on the adequacy of Brazilian legislation in light of the challenges posed by the digital era and streaming models. Based on the analysis of Law No. 9,610/1998 and legal interpretations regarding the public performance of musical works in digital environments, it discusses the implications of music digitalization and the impacts on artists’ remuneration. The research examines streaming modalities such as simulcasting and webcasting, and highlights the requirement for prior authorization for the economic exploitation of musical works. It also analyzes the role of ECAD and the complexity of monetization models adopted by platforms like Spotify, Deezer, and YouTube Music. The study reveals shortcomings in the current legislation and the lack of specific regulation on the transparency of royalty distributions, suggesting the need for normative and judicial development to ensure fairer and more transparent remuneration for copyright holders in the digital age.