Contratos típicos de direitos autorais entre selos fonográficos e artistas independentes: um estudo sobre a assimetria contratual

Abstract

The aim of this academic work is to study the typical contractual relations of assignment and edition of the author’s rights between national phonographic labels and independent artists – those who produce their own music – in Brazil, analyzing all the possible dynamics in which they can sign these contracts, weighing issues of Author’s Rights and Contractual Law with the expectations and career prospects of the artists, confronting the autonomy of the parties with others principles, such as the contractual balance, the social function of the contract and the objective good faith. Utilizing the brazilian Law and legal literatures, the objective of this study is, in foreground, to highlight the asymmetry that surrounds these contractual relations, based mainly on contractual freedom and pacta sunt servanda principles. Next, starting with a more practical screening, it will be demonstrated that, despite the power imbalance between the parties, these contracts can still be highly valuable to artists, responding to their most intimate interests, which go far beyond financial return.