Banca de QUALIFICAÇÃO: CAROLINE BAGESTEIRO DOS SANTOS

CLEARANCE OF RIGHTS IN THE ENTERTAINMENT INDUSTRY: a guide beyond the creative process

Clearance; Entertainment industry; Intellectual property; Personality rights; Licensing

The rights clearance process in entertainment is of paramount importance to ensure that films, series, music, games, and other forms of content can be legally used without violating third-party rights. This work focuses on exploring the challenges faced in the rights clearance process in entertainment and the strategies employed to overcome these challenges. The overall objective is to propose a guidance guide containing the steps to be followed by users to obtain the necessary licenses when using third-party intellectual property, avoiding legal consequences. As specific objectives, it is intended to propose strategies and approaches to ensure the legality of the use of content protected by intellectual property assets, as well as to present best practices to address the identified problems, including preventive and corrective actions. A multidisciplinary approach was used as a methodology, through specialized national and international bibliographic research, jurisprudential analysis of the Courts of Justice of the states of Rio Grande do Sul and São Paulo, as well as interviews with professionals from the entertainment industry. The justification is based on the common scenario of violations and infractions committed by professionals in the entertainment industry and even artists, either due to the lack of authorization and licensing or the lack of knowledge about the scope of intellectual property in the sector, resulting in the misuse of third-party rights. As a result, it is expected to provide a practical guide aimed at these professionals, with the intention of guiding them clearly, promoting innovation, and aiming to avoid or minimize legal risks.