Acesso aberto e a lei de direitos autorais: implicações que norteiam o ideal da democratização da informação

Abstract

Faced with the academic-scientific scenario that is unfolding in Brazil, there are challenges related to reconciling the ideal of democratizing information and the open access policy in the light of the law that regulates copyright. Access to information is one of the fundamental principles for the advancement of knowledge and, in the academic-scientific context, the process of democratizing information has been fed and strengthened on a daily basis by the broad and free sharing of information, making the results of scientific research accessible to a wider audience. Linked to this context are open access policies, which allow free access to theses and dissertations from various Brazilian universities. However, copyright protection, specified in Law No. 9,610/1998, is a challenge for the effective implementation of these policies. Ensuring that authors and rights holders are recognized and adequately compensated is a fundamental prerogative for maintaining the integrity and sustainability of intellectual production. In this sense, this research was driven by the following question: what implications can be revealed in the relationship between open access policies to scientific information and the law that regulates copyright in Brazil? Understanding that scientific knowledge is a public good and should therefore be available to all, this study sought to discuss the implications that can be revealed in the relationship between open access policies and the law that regulates copyright in Brazil. Specifically, it identified how legislation can limit the scope of these policies and also demonstrated possible adaptations that promote greater flexibility in academic contexts. In order to elucidate the problem-challenge of this research, an exploratory, documentary and qualitative study was carried out. As for data collection, the indirect documentation technique was used, allowing data to be sought from primary and secondary sources of information. The data analysis technique used was qualitative content analysis. It was possible to see that the open access movement is essential for expanding the reach of scientific production, but faces economic, legal and cultural barriers. It was concluded that the modernization of copyright policies, combined with the strengthening of open access, is indispensable for democratizing knowledge and reducing inequalities in Brazil.