O prato vira tela: as implicações de produções gastronômicas como arte para ter sua originalidade protegida pelo Direito Autoral Brasileiro
With the growing popularization of gastronomy and the appreciation of cuisine, caused by the mass creation of entertainment programs focused on cooking, foods that have become a trend, and renowned chefs increasingly betting on creativity and innovation in their dishes, the question arises of whethe...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/49428 |
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| Resumo: | With the growing popularization of gastronomy and the appreciation of cuisine, caused by the mass creation of entertainment programs focused on cooking, foods that have become a trend, and renowned chefs increasingly betting on creativity and innovation in their dishes, the question arises of whether a authorial culinary production could be considered a work subject to copyright protection. Thus, this work aims to investigate this possibility, as well as to verify an element of originality in gastronomic productions, equating them with artistic works, and finally, the safeguarding of the intellectual property of these productions. Therefore, we seek to investigate the limits for the definition of a gastronomic production as an original work, due to the growing appreciation of Brazilian gastronomy, providing legal certainty for Chefs whose life's work often resides in the creation of a recipe or culinary method. specific. Thus, with a focus on Law N° 9.610/98, we debate the social relevance of the protection of intellectual property by the Copyright Law, as well as, we talk about the theories that seek to define the concept of art, and how this relates to the gastronomy. In addition, we briefly seek to explain how the protection of the intellectual property of gastronomic productions is given by the copyright law in the United States of America, for a better international understanding of the subject. For this analysis, we used the deductive method, consulting the legislation, and bibliographic review of doctrines on the subject under analysis. Finally, it is considered the need for safeguarding by the national legal system of gastronomic productions that present the necessary requirements for a work to be protected by Copyright, and in this way, recognize and gratify gastronomy professionals for their creations. |
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