Recursos educacionais abertos: aspectos jurídicos e econômicos da produção de materiais de ensino de língua estrangeira sob licença Creative Commons

Abstract

It is notable the social and cultural change with the emergence of the internet and its expansion since the popularization of smartphones. At the age of the digital society, everybody can easily access a multitude of works created by other people in different formats. This easy access transmits the false notion that they are available for use, adaptation and sharing without the authorization from the author. Because of the long time between the publication of the Copyright Law of 1998 and the actual society, the legislation is not in line with the culture of broad access and sharing of the informations. The aforementioned law, still in force, taking into account the economic interests of a small part of society, determines that, for the use of another's work, it requires the express authorization of the author. In turn, the movement for free culture, in order to resolve various conflicts about the express authorization of use, proposes a system of open licenses to make public the desire of the author about the permission to use the work, as consent and as its limits. Thus, the lack of knowledge of the legislation that involves the elaboration of didactic material, can cause the violation of copyright. Therefore, the present study is relevant to guide the foreign language teacher so that he does not incur a violation of the right of others and does not have to suffer the penalties provided by law. Thus, the present work aims to confront the issue of copyright in the creation of open educational resources under Creative Commons (CC) licenses in the Brazilian legal context. For specific purposes, it intends to demonstrate general aspects of the production of materials for foreign language teaching mediated by technologies; characterize the Open Educational Resources (OER) and the legal aspects involved in its elaboration; identify and clarify the terms of the legal protection granted to authorship in Brazilian legislation; identify and turn explicit the existing regulations of the Creative Commons license; to analyze the economic interests behind these legal constructions (copyright legislation and Creative Commons license) and, finally, to indicate free available resources to be used in line of the Brazilian legal system.