THE (UN)AVAILABILITY OF THE AUTHOR'S MORAL RIGHT: IS THE DISPOSITION OF THE AUTHOR'S MORAL RIGHT POSSIBLE?

Abstract

This article explores the relationship between moral rights and the social function of intellectual property. The methodology involves a historical analysis of the evolution of copyright from ancient Greece to the modern context, highlighting legislative frameworks and international treaties such as the Berne Convention. The research examines the Brazilian legislation, especially Law 9.610/1998, and questions the inalienability of the author's moral rights, proposing a possible flexibilization to meet contemporary economic demands. The central discussion focuses on the social function of moral rights and the possibility of their transferability, arguing that greater flexibility could benefit authors economically. The article concludes that the legal protection of copyright must balance the moral integrity of the author with the needs of the market, promoting both innovation and legal certainty.