Contributo mínimo em direito de autor: o mínimo grau criativo necessário para que uma obra seja protegida; contornos e tratamento jurídico no direito internacional e no direito brasileiro

Abstract

In the present work we make an international analysis of international law and Brazilian law about the minimum contribute, a requirement for copyright and authors rights protection that almost all the time has the same meaning as the originality requirement. Since the word originality not always mean the minimum degree of creativity that a creation must to bear in order to gain copyright or author s right protection, we preferred to use here, with this connotation, the expression minimum contribute. This subject still has not received much attention from Brazilian commentators and case law, in spite of its importance.The analysis focuses on the international dimension of this subject in attention to the copyright s / author s right s international character. We start with a little bit of history on the global dimension and then present the way the minimum contribute is found and guaranteed on public international law and on private international law. Thus, since the minimum contribute study is still new on Brazil, we make some terminology distinction between this expression and its meaning from other often apparent similar meaning terms and expressions on copyright. During all the work we present a lot of information and make quotation on foreign commentators, case laws and laws, in pursue of analyzing, in the broadest way possible, how the minimum contribute has been treated and discussed.Finally, we present typical and practical matters on copyright, like (i) definition of protected work, (ii) delineation of copyright requirements, (iii) plagiarism, (iv) derivative works and (v) copyright central balance. When we talk about each one of these matters, we also analyze how the minimum contribute appears and how it can influence and make contribution in finding solutions to them.