Right to Image and the Right to Personality: a parallel between Civil Law and Intellectual Property Law / Direito à Imagem e o Direito à Personalidade: um paralelo entre o Direito Civil e Direito da propriedade intelectual

Abstract

This work aims to investigate the understanding of some authors on the subject, as well as to study what are the fundamental rights related to personality rights and the right to image and what current doctrines speak about considering rights of personality fundamental rights in the scope of Law Civil and Intellectual Property Law. Much has been debated whether the Right to Image and personality would be in the field of protection of Civil Law or Intellectual Property Law, based on what the caput of art. 24 of the Copyright Law that provides for the protection of the author's moral rights, including to remain anonymous, through pseudonymous works or not to see published works by this writing, keeping them unpublished or written by other people, but which concern your person. The STF in a unanimous decision declared the consent of a person biographical in relation to biographical literary or audiovisual works unenforceable. The problem lies in the possibility of the existence of these rights and in the possibility of transverse protection, where the unauthorized use of image has limitations established by the doctrine and jurisprudence, such as the economic exploitation of the victim who had his works exposed in the media without authorization and depending of content, denigrating the image. It is concluded that the above rights are the result of a legal evolution in which the contemporary legal systems are constituted with the rights studied. For this purpose, the method of qualitative bibliographical review of the deductive approach will be used.

Keywords

• Copyright
• Author's moral rights
• Civil liability