Does copyright die where fake news is born?

Traditionally, news is published by newspapers, magazines, radio and television. With the arrival of web 2.0 and its subsequent updates, the media have lost control and power over the information that is disseminated in the news and the way it spreads on the Internet. In this context, online social networks have become fertile ground for fake news through the use of mobile devices and access to 4G-5G networks, Facebook, Instagram, YouTube, WhatsApp, Twitter, Tiktok, etc. The objective of this article is to analyze the protection of copyright and its assimilation to fake news, exposing its contradictions, with emphasis on orphan works and the Brazilian legal context. The methodology used, with a qualitative approach, is due to the combination of methods from the Social Sciences with methods from the Legal Sciences, such as analysis-synthesis, historical-logical and exegetical; As for techniques, documentary analysis. As a result, it is concluded that the protection provided to works by copyright is inadequate for fake news because even though it would allow the moral rights of creators to be protected and recognized, this is not their interest; The authorial system is not applicable in terms of its content and purpose; They are characterized by the author's renunciation of his economic rights and assuming his authorship brings implications in the civil and criminal sphere. The contribution of the study lies in an analysis of copyright in its connection with works used as fake news in the Brazilian legal context.