Proteção e tutela legal do intérprete musical no âmbito da lei de direitos autorais brasileira

Abstract

This study aims to analyze the situation of the interpreter or performer in the music industry and their legal protection. To this end, the methodology of bibliographic review was employed, encompassing a variety of sources including journalistic articles, monographs, theses, dissertations, and articles. In light of this, the research is divided into four parts: (i) understanding the current scenario of the industry and how the artist is positioned within it; (ii) understanding who the interpreter or performer is; (iii) analyzing the history of the rights of the interpreter or performer up to the current Brazilian legislation; and (iv) examining how the artist is remunerated, possible contracts in the Copyright Law, and new challenges faced by the interpreter or performer. The hypothesis is that these artists are a disadvantaged party in music industry negotiations, despite having their rights legally guaranteed, which is not enough to ensure their protection. It is concluded that, despite confirming the hypothesis of disadvantage, there are means to mitigate this issue, involving collective management of neighboring rights and proper contractual management, in order to achieve the necessary balance for maintaining relationships in the music industry.