Direito da personalidade do falecido e seu exercício por sucessores diante de criações não autorizadas com inteligência artificial: a preservação da imagem atributo de celebridades

Abstract

This research aims to examine the issue of the personality rights of deceased celebrities who are recreated through artificial intelligence without the authorization of their heirs and how this affects their exercise of the right to image and the preservation of the image-attribute of public persons. This study looks at how Brazilian legislation protects these rights and how they are enforced when there is a post-mortem relationship, as in the case of famous people who have died, and the proper exercise of the protection of personality and image by their heirs and successors. We therefore analyzed how creations made by artificial intelligence that are not authorized by their legitimates can directly harm the image-attribute. Therefore, this paper proposes a reflection on the need for heirs and successors of deceased celebrities to take due care to protect the rights of the deceased and carry out an in-depth analysis of their image-attribute before assigning their image rights to something that could harm it