O uso das obras: o limiar entre a flexibilização e a reafirmação da propriedade na internet

Abstract

This dissertation’s central objective is to analyze how the internet contributes, simultaneously, to the relativization and the reaffirmation of ownership over creative works. The research is grounded in radical philosophy as its primary framework which, opposing universal ontological foundations, understands history as a shifting dimension capable of modification. Structurally, the dissertation is divided into three main parts: (i) initially, the fundamental concepts of the study are presented, such as authorship, the work, copyright, author-function, apparatus, exception, and the ontological-biopolitical machine; (ii) in the second part, the ways in which the internet flexibilizes ownership over creative production are examined. This inquiry departs from an analysis of how critiques of the appropriation of works, formulated by 20th-century artistic and political movements, were incorporated into the structure and use of the net; (iii) in the third part, the analysis focuses on the reaffirmation of ownership over creative production on the internet. This study demonstrates how the ease of transmission and copying provided by the digital medium has been appropriated by large technological corporations, consolidating an economic model in which creative production and life itself are datafied. This logic is illustrated by North American judicial decisions involving the companies Anthropic and Meta, which discuss the possibility of applying the legal doctrine of fair use to content used without authorization for training artificial intelligences. It is concluded that the capitalist use of works articulates both the dimension of property and that of the commons, through a logic of exception that suspends or enforces copyright according to market interests. As a preliminary alternative to this scenario, to be developed in future research, the dissertation proposes the deactivation of the authorial machine through the concept of “use”, linked to the ideas of inoperativity, profanation, gesture, form-of-life, and the inappropriable.