Banca de DEFESA: 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 clearance process in the entertainment industry is essential to ensure that films, series, music, games, and other forms of content are lawfully used without infringing third-party rights. This study explored the main challenges professionals face in the clearance of rights and the strategies they adopt to overcome them. The primary goal was to develop a practical guide outlining the steps required to obtain the necessary licenses for the use of third-party intellectual property, aiming to avoid legal consequences. Specific objectives included proposing strategies and approaches to ensure lawful use of protected content and presenting best practices to address the issues identified, including preventive and corrective actions. The methodology combined a multidisciplinary approach, incorporating specialized national and international literature review, case law analysis from the Courts of Justice of the states of Rio Grande do Sul and São Paulo (Brazil), and interviews with professionals working in the entertainment sector. The motivation for this research stemmed from the frequent rights violations observed in the industry, often resulting from the lack of proper licensing or limited understanding of intellectual property boundaries. As its main outcome, the study delivered a practical guide designed for creative industry professionals, using accessible language and clear guidance to reduce legal risks and promote innovation and sustainable development within the sector.