The institute of social function as a tool for effecting the constitutional principle of solidarity in copyright

Abstract

The study presented here sought to make the analysis of the institute of social function applied to copyright, in order to verify if this institute acts to materialize the constitutional goal of building a caring society. The research is justified because of the development on the one hand, of the so-called "information society", which is characterized by wide demand developed by society in persecution of information and knowledge, and on the other hand, given the necessary attention to economic and moral rights of the author of intellectual works. The method of approach used was the hypothetical-deductive, because that is hypothesized that the institute of social function meets the constitutional order revealed by the positiveness of the principle of solidarity. It appears that there is a logical link between the requirement that the property portrayed in the author's economic rights comply with its social function and the constitutional objective of building a free, fair and solidary society, since in both cases it is to adopt an attitude focused on serving the social interests at the expense of exclusive attention to the interests and property of the individual author.