Entre o acesso aberto e a proteção autoral: os limites autorais nas decisões judiciais

Information and communication technologies have revolutionized traditional forms of production of intellectual property with a view to the diversity of creations of the human intellect. However, the institutes of copyright protection do not always allow the resolution of certain peculiarities of the protected assets, and the control is the responsibility of judicial decisions. In this sense, this work aims to discuss the authorial limits in judicial decisions, between open access and copyright protection. For this, it seeks to present the main characteristics of authorial regulation in Brazil today. It examines the new perspectives of open access, in view of the use of technologies, outline with the conditions established for registration, access and sharing. Finally, it conducts an approach on the diversity of understandings in judicial decisions, in processes that involve attribution of authorship and conditions for the publication of intellectual property. It is concluded that there is a need for studies on judicial decisions that can identify the main gaps that make it impossible to align the interpretation of copyright law in judicial decisions, in order to make them more effective.