The Treatment of Parodies and Paraphrases as an Exception to Copyright and the Constitutional Exercise of Freedom of Expression: Doctrinal and Judicial Perspective.

Abstract

This article analyzes the relationship between copyright and freedom of expression, focusing on parody and paraphrase as exceptions to authors' rights. Using the integrative review method and a deductive approach, the research examines the doctrine and jurisprudence of the Superior Court of Justice to determine whether there is a fundamental right to paraphrase and parody. The analysis of Article 47 of Law 9.610/1998, in light of the three-step test of the Berne Convention and the TRIPS Agreement, reveals that parody and paraphrase are legitimate expressions of creativity, provided they respect legal and constitutional limits. The study concludes that copyright and freedom of expression must be balanced through constitutional weighing and the subsumption of the norms of Article 47 of Law 9.610/1998 and the three-step test to the facts, ensuring that the protection of works does not override cultural creation and the public interest. Thus, the research reinforces the need for a normative interpretation that harmonizes the protection of copyright with freedom of expression, ensuring the full development of culture and information.