Spotify e Deezer : remuneração nas plataformas digitais à luz do direito autoral brasileiro

Abstract

This study analyzes the remuneration models practiced by music streaming platforms, focusing on Spotify and Deezer, through the lens of the fundamental principles of the Brazilian legal system and Copyright Law. The general objective is to evaluate whether the pro-rata model, widely used by Spotify, and the transition to the artistic-centered (or user-centric) model by Deezer comply with the precepts of distributive justice and the protection of the author's dignity provided for in national legislation. The adopted methodology is based on exploratory and bibliographic research, of a qualitative nature, using the deductive method to confront the technical operation of the platforms with the Copyright Law (Law 9.610/98) and the Theory of Fundamental Rights. The results indicate that the pro-rata system can generate distortions in the distribution of revenue by privileging large rights holders and disregarding the individual choice of the consumer, which raises questions about isonomy and proportionality in the remuneration of smaller-scale artists. On the other hand, it is observed that models centered on the artist or the user seek to align the financial flow with effective consumption, approaching the social purpose of copyright. It is concluded that the adequacy of the platforms to the Brazilian legal order requires a critical review of contractual clauses and royalty distribution algorithms to ensure fair and equitable compensation, in compliance with the social function of intellectual property and the creator's personality rights.