Copyright law vs. copyleft: controversies between textbook/copyright and private photocopying

Abstract

Copyright in Brazil has been protected as fundamental rights, having juridical nature of moral and patrimonial right. It is granted to the author exclusivity over use, publishing and reproduction of his works. To regulate this subject, Law No. 9,610 was promulgated on 19 February 1998. This law prohibited the use of integral photocopy reproduction of literary works. However, it is common to verify an unmeasured use of this reproduction by students so that they can have access to education and knowledge. A conflict of fundamental rights, then, is brought about. For some, the use of photocopy should be granted for students, favouring access to education and knowledge. For the copyright holders, this practice consists of piracy and providences should be demanded from the Government in order to stop it. The biggest concern is with the fact that liberation of integral photocopy use of didactical books may cause negative effects to the intellectual development of the country. Efficient solutions may be taken both by the State, publishers, authors and students, like second-hand bookshops, creative commons, copyleft, balancing the preservation of copyright without preventing the access to education and knowledge.