Tensões entre pessoa e mercado no Youtube: autorregulação e inteligência artificial como obstáculos a direitos fundamentais e à inovação

Abstract

This work aims to investigate the relation between the legislative gap in the Brazilian judicial system regarding the copyright regulation on the internet and the self-regulation promoted by the cultural industry on YouTube, particularly through the artificial intelligence mechanism - Content ID. This investigation is structured as a preliminary empirical research, supported by descriptive inferences that consider the legislative context, terms of use of the platform and practical examples involving this case study. The theoretical foundation consists of the interaction between the four modalities of real space and cyberspace regulation foreseen by Lessig and the direct and indirect effects they have on one another. Firstly, it is possible to infer that a case of indirect regulation of a specific market (cultural industry) is done through a code (Content ID). Secondly, it seems that this system is ineffective in harmonizing fundamental rights of users and the interests of copyright owners, restricting rights and hindering innovation. Finally, it concludes that there is no legislative initiative that seems to reconcile in a satisfactory manner all the interests involved, noting that the 2019/790 Directive is potentially offensive to fundamental rights and can significantly impact the Brazilian judicial system.