The legal framework of copyright in Portugal
the doctrine of literary property under the optics of Almeida Garreth and Alexandre Herculano
DOI:
https://doi.org/10.29293/rdfg.v5i01.223Keywords:
Propriedade literária. Direito de autor. Almeida Garrett. Alexandre Herculano.Abstract
The present work analyzes the theoretical positions adopted by two icons of the Portuguese Romanticism, Almeida Garrett and Alexandre Herculano, about the doctrine of literary property, representing the possibility of authors being the exclusive holders of the right to publish or authorize the reproduction of their works . From the Decree of July 8, 1851, proposed by Almeida Garrett and considered the initial legal framework of copyright in Portugal, the opposition of ideas between Garrett, a defender of literary property as the most appropriate means to protect the interests gained prominence of the author and of society, and Herculaneum, who conceived impossible literary works to constitute the object of property. Finally, it addresses how aspects of the theoretical counterpoint of the two authors still find an echo in the debates about the norms regulating copyright and related rights in the face of the introduction of new technologies of diffusion and creation of knowledge.
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