A Copyright Exception for Monetizing File-Sharing: A proposal for Balancing User Freedom and Author Remuneration in the Brazilian Copyright Law Reform

Abstract

File-sharing has become wide-spread media cultural practice since Napster was launched in 1999. The response by the copyright industry has been repression. This has neither resulted in a decrease in the growth of file-sharing, nor in revenues for authors. Also since the start of Napster, a different approach has been suggested: permit file-sharing subject to a collectively managed levy. Just like the private copying exception, this will ensure both the freedom of citizens to use copyright protected works in certain ways and the right of creators to an equitable remuneration. The debate on a file-sharing permission started among specialists and spread to main-stream media and political parties, leading to a number of pilot projects and bills for implementing it in copyright law. The current copyright law reform provides Brazil with the opportunity to advance such a solution, thereby taking a leadership role in the international debate on the future of creativity in the digital era.

Keywords: Copyright, exceptions, file-sharing, sharing licence, collective rights mangagement, free culture, Brazilian copyright law reform

JEL Classification: D45, D61, D70, H42, K11, O34, Z10