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Edition: 178 | Month: May | June | Year: 2022 

Editor note’s
By Laetitia d’Hanens and Maitê Cecilia Fabbri Moro

Technology and digital art: a challenge to copyright?
By Fabiola Melo Miguelete

The Evolution of technology has a dual impact: changes in the concept of art and legal matters. The article revisits Brazilian Copyright and analyses concrete cases such as pieces of art created by artificial intelligence systems, the emergence of digital art, and the phenomenon of games. And then, it answers the following questions: if Brazilian Copyright can regulate all those inventions and if we should adopt some changes in the Copyright due to regulate artificial intelligence.

Keywords: Technology. Art. Copyright. Intellectual Property. Artificial Intelligence.

The international perspectives about copyright protection on digital platforms  
By Lorena Rebeca de Souza Pereira and Marcelo Augusto Andrade de Oliveira

This research approaches about the protection of copyrights in the digital platforms, under an international perspective, considering that the current scenario around the world makes the sharing of intellectual works easier and the convenience of having access to it. Although the international standards established in the last century are still in force, the question arises of the need to establish a new international standard aimed at the current context of globalization. Thus, the goal of this project is to analyze the panorama of the developments of international standards in front of the digital era and globalization. The specific goals, is to contextualize the history of copyrights with the present days, as well as the evolution of the standards that protect such rights internationally; describe the sociocultural aspect of consumers of intellectual work on digital platforms; address the economic impacts in the industries and State interests. Such objectives will be demonstrated through the deductive method, with bibliographical and descriptive research.

Keywords: Copyrights. Globalization. International Standards. Digital Platforms.

Data protection general law: legitimate interest applied as a legal basis for data processing
By David Fernando Rodrigues

This work intends, by analyzing the current legislation and legal doctrine, to contextualize the application of Legitimate Interest as a legal basis for data processing. To this end, I present initially, information related to the legislative process that led to its inclusion in the list of legal basis, drawing a brief parallel with European legislation. Moving forward, the applications of such legal basis and the requirements to be fulfilled for its correct use are evidenced, as well as the display of the requirements to be fulfilled, and care to be adopted when they are used. Finally, practical situations are presented, in which Legitimate Interest is chosen as legal basis for data treatment. Keywords: Data Protection General Law. LGPD. Legitimate Interest. Privacy. Personal Data Processing. Legal Basis for Data Processing. Proportionality Test. LIA

Art in industry and the protection of national embroidery by industrial design: a practical study
By Claudia Lopes Tolentino

Intense creativity involves national textile products. However, there are concerns regarding the protection of creations in this segment. Brazil does not have a specific law to protect fashion market creations, however, Law No. 9,279, of May 14, 1996, the Brazilian Industrial Property Law, is quite satisfactory to shelter this sector, mainly under the category of rights called Industrial Designs, which grant exclusive and excluding rights in ant to the distinctive appearance of a products, substrate of the fashion industry. However, the sector does not seem to feel comfortable using alternatives offered by the Industrial Property Law. This study demonstrates the discomfort of a Brazilian applicant seeking protection for creations that involve the application of embroidery on luxury clothing – creations that involve art and industry.

Keywords: Industrial Property. Industrial draw. Art. Clothing. Embroidery

Double protection in applied art: The Supreme Court of the USA’s decision in Varsity Brands, Inc. v. Stars Athletica, LLC and the Court of Justice of the European Union’s decision in Brompton
By Leonardo Machado Pontes

In Varsity Brands, Inc. v. Star Athletica, LLC, the US Supreme Court has standardized the methodology that must be considered in relation to applied art to verify if they can be protected under copyright law. This article addresses the decision and subsequent courts’ holdings that sought to interpret it. The ruling is also compared to the Brompton decision, delivered by the Court of Justice of the European Union, which outlined a more holistic and more permissive methodology for the protection of applied art under copyright theory. Both jurisdictions are broadly favorable to the cumulative protection of copyright and industrial design overlapping with the same object if the protection requirements are present. Keywords: Design. Copyright. Double protection. Applied arts.