|
>[15.Oct.11] Copyright
– Indemnify for reproducing work of art in an
invitation
Source: TJ/SP [Adapted]
The 9th Chamber of Private
Law of the Court of Appeals of the state of São
Paulo has sentenced a credit card company to pay indemnification
for reproducing work of art in an invitation without
identifying the name of the artist.
M.M.P.G. filed a suit for damages against
the credit card company claiming that she had donated
one of her works to the Friends of the Autism Association
(AMA) and was surprised to learn that a benefit auction
was going to take place, whose invitations were acquired
with the utilization of the credit card managed by the
company. She found out that the event’s invitation
reproduced her work, without her authorization or any
link with her name.
Her claim was dismissed without prejudice
in the trial court, reason why she appealed, demanding
analysis on the merits and the grant of the claim, on
the grounds that her copyright had been violated.
For the appellate jugde-rapporteur “it
is not possible to pull away the credit card company’s
responsibility for the eventual damage caused to the
plaintiff-appellant, reason why the company’s
standing to be sued shall be recognized in this lawsuit.”
According to the judge, the act of the
company violated article 25, section II of the Copyright
Law (Law 9.610/98), which characterizes personal injury.
In view of these considerations, the judge partially
granted the appeal sentencing the company to the payment
of ten thousand Reais (BRL 10,000.00) to compensate
the plaintiff for personal injuries.
Appeal nº 0102613-02.2003.8.26.0000
(Court of Appeals of the State of São Paulo -
Brazil)
<
Back
|
