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Personality rights, copyrights and related rights in Brazilian dubbing

Grant number: 19/02076-0
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): May 01, 2019
Effective date (End): December 31, 2019
Field of knowledge:Applied Social Sciences - Law - Private Law
Principal Investigator:Luciana Lopes Canavez
Grantee:Hiago Andrioti Cordioli
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

Dubbing is an artistic branch that has been gaining more and more space in the cinematographic and television context, mainly in Brazil. This art form consists in adapting the speeches of the characters of audiovisual works to the language and reality of the country in which they are distributed. To do so, it is necessary professionals specialized in the use of voice as an instrument of interpretation of the artistic work. However, this specific profession of dubbing actor is not yet properly regulated in Brazilian law. Therefore, the objective of this work is to analyze the legal protection granted to the professionals of dubbing actors in Brazil, from the perspective of the personality rights, copyright and related rights, established by the doctrine and jurisprudence as intrinsically linked to each other. Considering that the existent studies in Brazil and in the world on the legal protection of the voice and dubbing artists are scarce, as well as the specific legislation on the subject is non-existent, this work is very important when trying to analyze the bibliography already produced, such as books, articles and academic works, and doctrinal and jurisprudential positions on the subject. In this way, it is intended to bring to the scientific milieu, concentrated in the area of Law, clarifications for this very vague and, at the same time, increasingly latent theme, which shows the need to understand how the Law protects intellectual work and personality of these professionals. To do so, we will use the method of inductive approach, in order to analyze specific cases to understand the general reality of the voice actors, using the techniques of qualitative jurisprudential analysis - with study of judicial decisions between the years 1990 and 2019 - , interviews with semi-structured script, and case study; as well as the deductive method, to understand how artists in general are protected under Brazilian law and apply in the particularity of the voice actors. The methods of procedure will be the dogmatic-legal and monographic.