Direitos autorais e NFTs: o apontamento de casos de violação de direitos autorais de artes digitais pela esfera pública digital

Abstract

This monograph presents some analyses and reflections on non-fungible tokens (NFTs) and cases of copyright infringement of digital arts, whose repercussion is often given by the digital public sphere itself. The research focused on the presentation of the main discussions about the conception of Copyright, especially in the context of virtual interactions and new technologies, with an analysis of the legislation together with a broad bibliographic review. For this purpose, a qualitative analysis of the doctrine and legal acts was made, considering the Copyright Law, which was used to analyze the impacts of the technology, specifically of the NFTs, in the Copyright Law. Consequently, the studies of several authors, such as Castells, Luhmann, Fragoso, Branco and Uhdre were taken as reference. It is also noteworthy that the research does not aim to exhaust the subject, but only to draw some reflections and notes on the importance of communication in the digital public sphere and its relationship with the production of norms. Based on this thought, the importance of carrying out this study is evident, as it is notorious the need for the development of legislation for the realization of rights in the virtual environment.