Direito autoral e direitos de personalidade de imagem e voz: uma pesquisa para nortear a proteção destes direitos junto à comunidade acadêmica do IFBA

Abstract

Adopted as a result of the COVID-19 pandemic, emergency remote teaching has given rise to a discussion about the protection of copyright and personality rights of image and voice in educational institutions across the country. This research aims to understand protection scope and limits of copyright and personality rights of image and voice in the context of Brazilian teaching, focusing on the IFBA. Therefore, an applied research of an exploratory nature was carried out, with a quali-quantitative approach, using bibliographic and documentary researches as data collection technique, and a case study, through which an answer to the following question was pursued: What is the understanding of the IFBA academic community, professors and students, regarding protection scope and limits of copyright and personality rights of image and voice in the context of Brazilian teaching? The analysis of the results revealed that research participants have limited knowledge on the subject in general. 77% of them are unaware of Law 9.610/98, which regulates copyright in Brazil, and 78% of them are unaware of institutional regulations that regulates protection of copyright and personality rights of image and voice. These data lead to the understanding that normative texts or a law are not enough for knowledge dissemination on this subject. In order to fill this gap, instructional teaching materials, booklets and infographics were prepared as products of this study. They have illustrative and visually explanatory elements to make their content accessible and interesting. It was also found that the normative instrument that regulates the protection of these rights under the IFBA was designed to meet an emergency situation, and therefore, it needs to be improved. The Conclusive Technical Report, one of the products of this research, proposes a revision of this document and an action plan implementation in order to stablish measures that would guide the academic community regarding the adoption of good practices for protection of copyright and personality rights of image and voice. Finally, it was possible to conclude that the problem proposed in this study is a controversial topic, mainly due to the fact that it was discussed within an exceptional context, requiring further research that deepens the theme in a regular context of academic activities.