Gestão coletiva de obras literomusicais : uma análise sobre a legitimidade extraordinária conferida ao ECAD e da controversa visão do STJ

Abstract

The present work intends to address an important topic within copyright that concerns the socalled “collective management of literary and musical works”, which is governed by Law 9.610/98 and commonly called “LDA”. A study will be carried out on the legitimacy, imposed by law, for the existence of a single central collection and distribution office (ECAD) that acts on behalf of associations to collect copyrights for the public performance of literary and musical works. The research sought to discuss whether or not there is extraordinary legitimacy granted by the Superior Court of Justice - STJ to ECAD in relation to the collective management of literary and musical works. The analysis will be based on national legislation, mainly the special law called the Copyright Law – “LDA” (Law 9.610/98), to determine the limits of this legitimacy. Therefore, this work aims, through the qualitative method, to present the main characteristics of legitimacy in the collective management of literary and musical works, including providing a comparative view of other legal systems such as the USA and the United Kingdom. The discussion and analysis of this topic is relevant, as, if such an understanding of the “STJ” in relation to legitimacy persists, it could generate legal instability and even violation of rights.