Rethinking copyright considering the issue of orphan works in Brazil

Abstract

The inadequacy of the Brazilian copyright legislation creates a scenario of legal uncertainty that affects the ability of public interest institutions, such as museums, to carry out activities related to the preservation and dissemination of cultural heritage. This issue becomes even more complex in the case of so-called "orphan works," that is, works whose author or rights holder cannot be identified or, when identified, cannot be located. Through bibliographic and documentary research, this article seeks to contribute to the debate on the legislative changes necessary for museums to fulfill their institutional mission. To this end, the study presents the concept of orphan works, analyzes the reasons for their existence, and examines the consequences of their continuous growth. It then discusses the current regulatory framework in Brazil and other jurisdictions, highlighting different approaches adopted worldwide. Finally, the article offers concrete proposals for both legislative reform and executive branch initiatives. The central hypothesis is that adequate regulation of orphan works would benefit not only museums, by providing greater legal certainty, but also society as a whole, by expanding access to cultural heritage, and authors and rights holders, by facilitating the circulation and recognition of their works.