Between walls, margins, and recognition: Copyright as a tool for valuing graffiti.
Intellectual Property; Graffiti; Social Empowerment.
The research proposes a critical examination of the application of copyright law to Graffiti works, which are considered peripheral artistic expressions occupying urban space and challenging traditional legal boundaries. Although Graffiti is widely recognized as an artistic manifestation, its clandestine nature, peripheral origins, and insertion in public spaces raise legal controversies regarding the possibility of copyright protection. The granting of legal protection to these works has been analyzed inconsistently by Brazilian courts, highlighting gaps in both legislation and legal interpretation on the subject in Brazil. The general objective is to examine the relationship between copyright protection and the sociocultural appreciation of Graffiti. To this end, the specific objectives are (i) to understand the criteria for the protection of artistic works by the Brazilian Copyright Law, (ii) to map the main obstacles faced by Graffiti artists to protect their works through copyright, (iii) to analyze whether the criteria for copyright protection apply to Graffiti works and their historical and sociocultural context. Thus, the final specific objective is to propose a didactic material for Graffiti artists. This qualitative exploratory-explanatory study will employ documentary research, legislation, law proposals, and decisions of the Superior Court of Justice, exploratory and semi-structured interviews, as well as non-participant observation of artist groups. Data collection is organized into three methodological stages, and the proposal and validation of didactic material for artists will be carried out in two further stages. Data analysis will be performed using triangulation, with the aim of identifying normative and practical barriers to copyright protection for Graffiti, as well as to assess artists' legal knowledge and their experiences in copyright disputes. By addressing copyright as a tool for creative and socioeconomic empowerment, the research intends to contribute to the recognition and appreciation of Graffiti artists, expanding the debate on the democratization of knowledge and the application of copyright law.