A boa-fé nos contratos de edição de obras literárias

Abstract

The research investigates whether the fixing of the copyright remuneration clause in a significantly lower amount than usual entails a violation of the principle of good faith. It starts from the analysis of the historical context of copyright and seeks to understand how the Statute of Queen Anne changed the way authors and their works were seen, as well as the Copyright and Droit d'Auteur influence Brazilian legislation. Subsequently, it deals with the understanding of what moral and patrimonial copyright are and how they are inserted in Law No. 9.610/1998, which is the basis for the entire study of the article. In the light of the understanding of copyright, book publishing contracts are the necessary legal document for the relationship between author and publisher, which is based on the principles of the social function of the contract, autonomy of will and, mainly, good faith. After understanding how the principle of good faith affects the publishing contract, it is analyzed how the percentage of the remuneration of the moral right of authorship, provided for in article 57 of the Copyright Law, is negotiated between the parties. In addition, it examines how the remuneration percentage, in cases where it is derisory, affects the professional dignity of the plaintiff, influencing his subsistence and violating the general clause of good faith, even if this contract has been previously negotiated between the parties