Clipping jornalístico na era digital: limites da reutilização informacional e os desafios à proteção dos direitos autorais

Abstract

This study explores the legal boundaries of informational reuse in media monitoring services (clipping) within the context of the digital era and its rapid technological transformations. It examines how Brazil’s Copyright Law (Law No. 9.610/98) applies to journalistic works, focusing on the scope of both moral and economic rights of authors. The research traces the evolution of news clipping practices—from traditional print to digital and automated systems— highlighting the emerging challenges posed by news aggregators, digital platforms, and artificial intelligence. A critical analysis is conducted on the Brazilian Superior Court of Justice’s ruling in Special Appeal No. 2.008.122/SP, particularly its use of the concept of parasitic competition and the resulting legal consequences for companies, journalists, and users. The study concludes by proposing legal and regulatory alternatives to balance copyright protection with the public’s right to access information, including collective licensing, the adoption of fair use principles, and updates to Brazil’s copyright framework. Methodologically, the research is qualitative in nature, relying on literature review, legislative analysis, and case studies from both domestic and international contexts. This work contributes to the academic and legal debate on reconciling technological innovation, informational freedom, and copyright enforcement in the digital age.