Direitos conexos em catálogo : a remuneração de artistas intérpretes pela (re)exibição de obras audiovisuais brasileiras nas plataformas de Streaming

Abstract

The growth of streaming platforms has transformed the audiovisual industry and the way works are consumed and monetized. In this context, the position of performing artists has become an object of tension, particularly regarding their right to remuneration for the (re)exhibition of their performances. In Brazil, the current copyright legislation protects performers’ rights through neighboring rights, but it does not explicitly provide for residual remuneration for the exploitation of audiovisual artists' performances, nor does it legitimize the role of entities dedicated to protecting these rights, which differs from models adopted in countries such as Argentina, France, and the United States. This study aims to analyze the feasibility of performers’ remuneration in Brazil in light of the new dynamics of the digital market, exploring a possible solution to ensure proportional payment based on the continuous exhibition of audiovisual works. The research adopts a qualitative and exploratory approach, based on the analysis of national and international legislation, specialized doctrine, and case law. Initially, fundamental concepts regarding copyright and neighboring rights are presented, as well as the evolution of remuneration models for performers based on these guarantees. Subsequently, the study investigates rights assignment contracts and the lack of legal provisions ensuring proportional remuneration for the continuous use of works on digital platforms. Additionally, the study compares the Brazilian case with international experiences that guarantee residual payments to artists, in order to establish a parallel regarding normative provisions and the positioning of the artistic class. Finally, possible solutions are discussed, such as the collective management of copyright, aiming to ensure greater fairness in the distribution of streaming revenues. The study concludes that Brazilian legislation still presents gaps, making it necessary to establish specific regulations or develop new mechanisms to guarantee fair remuneration for performers.