Some Common and Civil Thoughts on Computer Generated Works (1).

REDI Revista Electrónica de Derecho Informático - Nbr. 27, October 2000

Tarcisio Queiroz Cerqueira - Advogado.
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Headnotes:

Extract:

Some Common and Civil Thoughts on Computer Generated Works (1).

"More than iron, more than lead, more than gold I need electricity. I need it more than I need lamb, or pork or lettuce or cucumber. I need it for my dreams."

Night sky and fields of black, A flat cracked surface and a building, She reflects an image in a glass, She does not see, she does not watch."(2)

As long as our concern was only with conventional computer systems, i.e., systems which perform standard input-process-output tasks, it was not a problem to define rightholders of computer generated works, or computer output: unless prevented by contract, the authorized person who uses the system, that is the user, can normally be considered the owner of the generated product, whatever it might be. There is no difficulty in assigning authorship when a writer uses a conventional wordprocessor loaded in a conventional computer to write his/her books.

However, it is different when we consider certain more complex kinds of systems, where computers are used not only as a tool(3) , i.e., to store enormous banks of information, or because they process information incredibly fast, or because they are portable. I have in mind, here, certain sorts of systems where the system is not o...



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