The fact that a person attending a public event does not give permission to use his image for business products, for profit purposes. So understood the 27th Civil Chamber of the Court of Justice of Rio de Janeiro in condemning a telephone operator for selling kissing photo among men as wallpaper of cell phones. The image had been recorded during the Gay Parade in Copacabana in 2005, and one of those portrayed will receive $ 5,000 for moral damages.
The author said that he was still underage when he went to the event without his parents’ knowledge. He said he kissed a friend at the photographer’s request, but was surprised to see the picture in the operator’s image bank, as wallpaper for cell phones, priced between R $ 2.40 and R $ 2.20.
The company claimed that the photo was obtained at a public place and event, with the author’s knowledge, and denied any evidence of moral damage. Convicted in the first degree, the defendant appealed to the TJ-RJ, but the arguments were rejected again.
“In summary, it can be said that the defendant, without formal authorization, captured a photograph of the author in a public event and used it in products of his line of business, collecting proceeds because of this. Being in public does not allow or presume the authorization to use someone else’s image, “wrote the judge Marcelo Almeida de Moraes Marinho, rapporteur of the case. The vote was followed unanimously.