Free Open Source Software and Creative Commons in Brazil: Mapping the Legal Framework of Alternative Intellectual Property Licenses
Fabrício Bertini Pasquot Polido, Mônica Steffen Guise Rosina · Ius comparatum · 2015
This article consists of an analysis and critical assessment of the current framework for Free and Open Source Software (FOSS) and Creative Commons (CC) in Brazil. It aims to provide an overview of the adoption and operation of both the FOSS and CC regimes within the Brazilian legal system, as well as their interplay with intellectual property and constitutional rules. It covers all aspects relevant to the understanding of FOSS and Creative Commons in Brazil: traditional contract law, intellectual property regimes and a more specific analysis of cases, policies, studies and discussions regarding alternative licenses and their usage in Brazil. FOSS and Creative Commons licenses do not always align with the country’s traditional IP licensing models provided for by the Copyright and Software Acts of 1998. Instead, they find themselves in a complicated middle ground regulated by judicial opinions, governmental policies and scholarly work. The coexistence of alternative licenses and traditional contractual IP related schemes within the Brazilian legal system depends on the ability of the parties to comply with, on the one hand, the generic legal requirements for contracts and, on the other hand, the statutory provisions related to copyright, such as the author’s moral rights. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.