Desafios jurídicos para proteção e transmissão sucessória dos direitos sobre a imagem e voz de artistas falecidos em vista dos avanços da Inteligência Artificial

Abstract

This course conclusion work aims to analyze the legal challenges arising from the use of artificial intelligence in reproducing the image and voice of deceased artists, with a special focus on personality rights and the succession transmission of these rights. Starting from the concept of hybrid digital goods, which covers both patrimonial and existential aspects, the research discusses how current Brazilian legislation addresses the issues raised by these new technologies. The study uses the emblematic case of Elis Regina, whose image and voice were digitally recreated, to illustrate the complexities involved. The analysis covers the protection of personality rights as provided for in the Civil Code and the Federal Constitution, in addition to exploring the economic and ethical impact of these practices on the entertainment market. The research highlights the need for legislative adaptation to adequately address the challenges posed by the “digital resurrection” and guarantee economic exploitation that respects the rights of artists and heirs. It is concluded that specific regulation for digital assets is essential to balance technological advancement with the protection of fundamental rights, thus promoting a safer and fairer legal environment.