The regulatory obstacles arising from the positivist conception of copyright to access to knowledge

Abstract

The access to knowledge in Brazil was built within a positivist system and looked for the protection of the "physical" work. Within this context, the present work questions the extent the effectiveness of the current model of the Brazilian Copyright Law, as well as analyzes possi-ble obstacles, their causes and possible alternatives for its improvement. Therefore, the intention it to demonstrate that there is an essential and fundamental problem in the treatment of the issue, that is, the reaffirmation of a positivist dialogue, which prevents certain advances to the topic. Thus, all this analysis about the alternation of paradigms from the physical to the digital environment reflects the emergence of the information society. Although the physical copy has not been abolished, the rise of the digital copy demonstrates that power has altered the world currency. Hold infor-mation has become the focal point for power and regulation of access to knowledge. Based on this, the proposal of this paper it to question the regulations presented on the Brazilian Copyright Law that blocks the access to knowledge based on a system whose justification for protection found several barriers in the digital world.