RIGHTS OF THE HOLDER AND ACCESS TO KNOWLEDGE AND INFORMATION: A STUDY BASED ON CONTEMPORARY CLASHES
DOI:
https://doi.org/10.12662/2359-618xregea.v10i2.p202-212.2021Keywords:
Copyright, Information, Digital EnvironmentAbstract
The imposition of limits on copyright requires weighting between the interests of holders and users, and should aim at the general well-being; it is based on law and maintains the fundamental freedoms, both for authors and users. The research is characterized as a bibliographical and exploratory investigation. It aims to identify how the author can use this protection, maintaining the balance between his rights and the access rights of society, avoiding potential conflicts regarding the exploitation of the work. As results, it was observed that computer resources have provided a significant change in Copyright Law, including the insertion of technological works to the list of protected goods. Administrative and civil sanctions would remove the need of criminal reprimand, leaving the incriminating criminal rule the condition of the last instrument to be used after the occurrence of the unlawful.
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Copyright (c) 2021 Journal Of Management Analysis
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
AGREEMENT FOR THE CESSION OF AUTHOR’S RIGHTS
Through the present instrument, on the one hand, CENTRO UNIVERSITÁRIO CHRISTUS – UNICHRISTUS, henceforth referred to only as UNICHRISTUS, and, on the other,
1) Name _________________________________, ID number _______________________________,
2) Name _________________________________,ID number _______________________________,
3) Name _________________________________,ID number _______________________________,
4) Name _________________________________,ID number _______________________________,
5) Name _________________________________,ID number _______________________________,
henceforth referred to only as AUTHOR of the academic article whose title is ______________________________________, agree, in the best legal form, what follows:
ARTICLE FIRST – ON THE CESSION
The AUTHOR, their heirs and successors, in the terms of art. 49 of Law 9.610/98, cede the WORK for reproduction, publicizing, distribution, printing and publication by UNICHRISTUS, in any form or mean that exists or may come to exist.
Paragraph One. The aforementioned cession is non-exclusive and gratuitous, encompassing the totality of the WORK.
Paragraph Two. UNICHRISTUS may make the WORK available, in part or in total, for academic purposes, and is prohibited from altering its content, except for formal corrections that may be necessary.
Paragraph Three. The cession is valid in all countries, for versions in Portuguese or any translations to other languages, as UNICHRISTUS sees fit.
Paragraph Four. The original manuscript shall be delivered in the form indicated by UNICHRISTUS.
ARTICLE TWO – ON THE RESPONSIBILITIES
The AUTHOR declares that the WORK is theirs and is previously unpublished and is responsible for its contents and form, citations, references and other elements that compose it, having delivered it, when signing the present document, with the necessary language and methodology revision. As such, any judicial or extrajudicial measures relating to the content are of their entire responsibility.
Paragraph One. The AUTHOR declares there is no tacit prohibition attached to the publicizing of the WORK, and that it is free of any onus or impediments before Brazilian law.
Paragraph Two. Any burden relating to eviction belongs to the AUTHOR, who will also be responsible for compensating UNICHRISTUS, in case it is harmed by any judicial or extrajudicial means relating to the content of the work.
Paragraph Three. In case the work has multiple authors, they will be responsible in solidarity, except when proven otherwise.
ARTICLE THREE – ON JUDICIAL REPRESENTATION
The AUTHOR hereby constitutes UNICHRISTUS as their representative, thus authorizing it to act judicially or extra judicially on their behalf in cases relating to attacks against the WORK, be it by illegal reproduction, fraudulent edition or any form that constitutes an assault to intellectual property.
ARTICLE FOUR – FORUM
The parties hereby elect the forum of Fortaleza, in the state of Ceará, and renounce all others, as advantageous as they may be.
And because they deem the current agreement to be fair and just, the parties sign the present document in two copies.
Fortaleza, Ceará, on this ___ day of __________, 20__.
1) __________________________________________
2) __________________________________________
3) __________________________________________
4) __________________________________________
5) __________________________________________
Representing Centro Universitário Christus – UNICHRISTUS:
__________________________________________
