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

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.


Bibliometric research
Results of the bibliometric research are summarized in Table 1. In general, comparing the number of documents retrieved per scientific database, the CAPES Theses and Dissertations Catalog presented the highest number, considering all search strategies (A1 to C5), whether using the terms in Portuguese (161 documents) or in English (6,501). This may indicate an interest in publications on this subject, in the form of conclusion work for stricto sensu graduate courses in the Brazilian academic environment. contemporary challenges that demand general guidelines' establishment by government bodies in order to regulate, in a balanced way, the protection of teacher-author's right and the access right to education.
In the absence of a general regulation that addresses these issues, content availability such as OER and open licenses use, such as Creative Commons licenses, have been shown to be reliable alternatives, given that they provide knowledge dissemination, making education more accessible, while preserving the author's right, once he is the one who sets the limits of the terms of use of his work.
In addition to issues related to copyright, teaching also covers issues related to personality rights protection of teachers' and students' voice and image. It should be noted that these are non-transferable and inalienable rights and their violation subjects the violator to compensation for material or moral damages (Brasil, 1988, Art. 5, X).
Therefore, considering that exposure of image and voice of the actors, individuals involved in the teachinglearning process, it is something inherent to this activity, especially when these are mediated by technological resources, which expands even more this exposure, it is necessary for educational institutions to adopt educational measures to prevent, or at least minimize, the violation of these rights. Thus, it is essential to establish clear and objective criteria for capturing and making available image and voice of these actors whether in person or carried out in VLE format, as participants in pedagogical practices.
It should be noted that the absence of a general regulation, which establishes protection scope and limits of copyright, and personality rights of image and voice, in the context of Brazilian teaching, is also a limiting factor for an effective protection of these rights, especially when it comes to educational activities mediated by technology.
In view of the above and in this context in which everyone was taken by surprise by the need to adopt a new teaching model, this study demonstrates that the social changes generated by the pandemic showed a gap with regard to the establishment of a general norm that regulate the protection of copyright and personality rights of image and voice, within an academic activities scope, demanding that educational institutions issue regulations to fill this gap.
However, it should be noted that issues of this nature should not be left solely to institutions' deliberations.
Furthermore, if we consider that there is a tendency for academic activities developed in VLE to become part of the teaching practice, even if partially, it is essential to issue a general guideline in order to guide educational institutions with regard to measures to be adopted for the protection of these rights.
In view of the above, it is expected that the discussions brought by this article made it possible to understand that good practices' adoption for the protection of copyright and personality rights of image and voice in a teaching context is not just about a legal issue, but also an ethical one, which must be observed by all those involved in the teaching-learning process, respecting the legitimate rights of authors with regard to their intellectual productions, as well as the protection of their image and voice.
Given the importance of the topic addressed and given ICT advancement, in order to bring contributions to implementation of measures that may corroborate good practices' adoption for the preservation of these