A lei de direitos autorais e o uso de música para fins didáticos no âmbito da educação profissional e tecnológica

Abstract

Statement 115, approved and published on June 7, 2019 by the III Commercial Law Conference of the Federal Justice Council, declares that Limitations and Exceptions to copyright must be interpreted extensively, in line with the Federal Constitution and fundamental rights. However, the data collection presented in this study reveals that only one, of the 38 Federal Institutes of Education, Science and Technology investigated, incorporated Statement 115 in the guidelines regarding the didactic use of materials produced by third parties, which were directed to the teaching staff. during the pandemic period. Furthermore, High School with Technological Intermediation, a public educational institution in Bahia, a national reference in face -to-face education mediated by technology, still deals with problems related to the didactic use of copyright during broadcasts of its teleclasses that occur simultaneously via YouTube and TV Educa Bahia, even five years after the publication of the aforementioned statement. In this sense, it is intended, through this research, to inform managers, educators, students and technical staff who work in Professional and Technological Education, as well as in other modalities and levels of education, that the restrictions, previously established by articles 46, 47 and 48 of the Copyright Law regarding the use of music, even for teaching purposes, have been overcome. Furthermore, pedagogical practices using music currently must take into account Statement 115, including being able to be carried out in teleclasses broadcast live, and that music can be perceived as an educational tool of great importance for the process integral formation of the human being. Contributing, in this way, to the awakening of perception and political participation, to the dissemination and access to culture, knowledge and information, as well as to the development of critical opinion regarding the hegemonic forces acting in social classes, culture, in politics, which even help tell the story of humanity. At the same time, we aim to alert them that YouTube is an example of a class transmission platform that does not apply the aforementioned statement in its copyright policy. The educational products arising from this research are defined as didactic and instructional material, artistic production and scientific and cultural communication and dissemination product, published under the Creative Commons license format. The first of them focuses on an e-book entitled “On the Free Use of music in pedagogical practices: communication and dissemination instruments of Statement 115 and the contributions of music to the integral training process”. The communication and dissemination instruments correspond to two original songs, the “Samba-enredo do Enunciado 115” and the “Samba-enredo Contra-hegemônico”, as well as an infographic entitled “The use of music for teaching purposes according to Statement 115".