Thoughts on the subjects of Inheritance Law and author’s rights: a comparative study between Brazilian law and German law

Abstract

This paper aims at rousing possible reflections  on the succession of author’s Exploitation  rights and moral rights. In its first chapter,  we shall assess the nature of moral rights and  exploitation rights and point out the German  and Brazilian historical structure, by basing itself  on its essential concepts. In the second chapter,  we will detail aspects of the Brazilian and the  German legislation on author’s rights in relation  to the author’s succession. Subsequently, we will  address four Brazilian case law, which were chosen  because they point to interesting and illustrative  aspects on author’s rights and succession.  Despite of the complexity of our study, and also  for lack of a detailed study by the Brazilian legal  theories, we will aim at rousing possible reflections  through the contrast with the foreign law,  and also illustrate hypotheses of succession on  author’s rights through the Brazilian case law.  Furthermore, we will mention two foreign cases  in this respect.