How does intellectual property work in the digital world?

In the vast digital world where ideas emerge, change and flow instantly through social networks and online platforms, a big question arises in the offline world: How is intellectual property enforced in this dynamic environment?

The role of intellectual property goes beyond protecting creators and companies, it is also the foundation of innovation. Ensuring exclusive rights and protection against abuseIt fosters creativity and provides a solid foundation for the transition of knowledge from creator to market.

Anyone who follows the saying “The Internet is a lawless land” risks violating the copyrights of others; This can lead to legal conflicts, the payment of significant fines and legal sanctions.

What is the concept of intellectual property?

Intellectual property is a fundamental concept that acts as the legal protector and recognizer of authorship in intellectual productions.

Its emergence as a natural right of the author was strengthened by the invention of the printing press, marking a revolution in the formalization of these rights since the 15th century.

For the World Intellectual Property Organization (WIPO), the concept of intellectual property has two aspects: Industrial Property, which covers rights to industrial creations such as patents, trademarks and designs; and Copyright, which protects authorship of artistic, intellectual, and literary works.

In Brazil, this broad field covers various methods under Copyright, Industrial Property and Private Protection. National Institute of Industrial Property (INPI) assumes the role of regulatory body in registering trademarks and granting patents.

Brazilian legislation has been updated since 1996 with Law No. 9.279 on rights and duties related to intellectual property and Law No. 9.610 of 1998. It outlines protections ranging from:

• Copyright (Copyright, Related Rights and Computer Programs);
• industrial property (Trademark, Patent, Industrial Design, Geographical Indication, Industrial Secret and Prevention of Unfair Competition);
• Even Sui Generis protection (Topography of Integrated Circuits, Conservation of Varieties and Traditional Knowledge Related to Genetic Resources).

What is intellectual property in the digital age?

The internet as a tool for global dissemination increases intellectual property challenges. On the one hand, the ease of accessing and sharing online content without authorization, significant impacts on creators’ income and recognition.

On the other hand, these copies also have a social function that makes information accessible and encourages culture and new creations in the digital environment. The evolution of technology is once again challenging legislation to adapt to the new reality!

It should be noted that although the internet has changed the availability of information, What is online is not automatically in the public domain. It is important to be careful when using third-party content online to avoid infringements of intellectual property rights.

A good strategy is to prioritize works that are licensed under Creative Commons and offer specific usage permissions. Without the necessary permission and permission Thank you to the creators, there are also legal penalties, such as the example we will discuss below!

Intellectual property in social media

Intellectual property on social media is an even more difficult issue to address because freedom of expression often conflicts with image rights. Memes, for example, illustrate well the tension between the act of self-expression and the impact on the image of people who unwittingly become targets.

In 2019, a court decision ordered an Instagram profile to pay R$100,000 for improperly using an elderly person’s photo in memes deemed derogatory.

The judge ruled that even if an online image is shared by third parties, does not automatically become public domainemphasizes the vital importance of empowerment.

This means that when sharing content on networks such as Twitter, Facebook and Youtube, using republishing or embedding tools, remember that attribution is not a substitute for authorization from the author.

Brunner, a law firm specializing in Intellectual Property, emphasizes that platforms such as Instagram have implemented rules to prevent unauthorized use of music, but the issue of using images and videos without direct permission is still a significant concern.

How important is registration with INPI?

Registering with INPI is a crucial step for those seeking exclusivity regarding intellectual property rights. This process gives the owner legal rights and sets a certain period of time. During this period, the work remains under protection.

Periodic renewal is possible with INPI, as are trademarks that identify products and services on the market. The Copyright Law establishes that literary, artistic or scientific works enter the public domain 70 years after the date of the author’s death.

This principle emphasizes the dynamic balance between the individual interests of creators and the need to enrich the global cultural heritage. Failure to comply with this standard by unauthorized reproduction, distribution or assignment shall constitute a violation or offense under the law.

In turn, the rights holder can go to court and demand compensation for moral and financial damages, and often demand an immediate cessation of unauthorized use of the intellectual property.

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