Protection scope and limits of copyright and personality rights of image and voice in the context of Brazilian teaching in the face of emergency remote teaching

Abstract

The protection of copyright and personality rights of image and voice of actors, teachers and students involved in the teaching-learning process has become a widely discussed topic due to emergency remote teaching, adopted by educational institutions throughout Brazil due to the COVID-19 pandemic. Thus, this article aims to identify protection scope and limits of the application of copyright and personality rights of image and voice in the context of Brazilian teaching. Therefore, an exploratory research was carried out with a qualitative approach, applying the deductive method, using bibliographic and documentary researches as a data collection technique, through which an answer to the following question was pursued: What is the protection scope and limits established in the Brazilian legislation aiming at protecting copyright and personality rights of image and voice of actors, teachers and students involved in the teaching-learning process? The research identified that, except for some limits set out in the Copyright Law (CL), the theme is treated in a generic way in the Brazilian legal system, in order to preserve access right to education. Hence, it is necessary a general rule elaboration that prescribes protection scope and limits of copyright and personality rights of image and voice in the context of teaching, establishing guidelines to be followed by educational institutions in the country for the adoption of best practices for protection of copyright and personality rights of image and voice of participants of academic activities, whether these are offered in Virtual Learning Environments (VLE) or in face-to-face format.