A aplicação de lei estrangeira pela plataforma “YouTube” para dirimir conflitos de direitos autorais: a perda de monetização do conteúdo e o prejuízo líquido aos criadores de boa-fé

Abstract

The purpose of this paper is to show that the application of foreign law is more common than one can imagine, characterizing as an attack to the sovereignty of the State and to the public order, as well as a grotesque legislative failure in order to adapt to the new yearnings of society. Specifically, the objective is to promote the discussion about the application of foreign law regarding copyright conflicts on YouTube due to the absence of a specific domestic legislation, especially regarding the resolution of conflicts between good faith creators. It starts from the idea that the application of foreign law hurts the principle of national sovereignty and that YouTube should conform to the country's internal rules, not vice versa. Although creators must follow the rules presented by the platform when joining in, the platform as a whole should first be operating under local law and not its own.