IPTango: image rights

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Monday, 27 July 2020

Upcoming events on this week and more!

Verónica Rodríguez Arguijo July 27, 2020 No comments:

WHAT’S GOING ON THIS WEEK?

The Intellectual Property Center of the Austral University will hold the master class Legal Aspects of Platform Applications (in Spanish) on 28 July 2020. The speaker is Darío Veltani. Attendance is free, but you need to register here.

On 29 July 2020, the Brazilian Intellectual Property Association (ABPI), the Brazilian Association of Industrial Property Agents (ABAPI), the Brazilian National Institute of Industrial Property (INPI Brazil) and the World Intellectual Property Organization (WIPO) are offering the webinar The Importance of the Role of the Industrial Property Agent in Brazil. The speakers are Alvaro Loureiro Oliveira (ABAPI), Luiz Edgard Montaury Pimenta (ABPI), Claudio Vilar Furtado (INPI Brazil), and José Graça Aranha (WIPO). Paulo Afonso Pereira will moderate the session.

Meanwhile, the webinar Non-traditional Trademarks (in Spanish) will also take place on 29 July 2020. The event is organized by the Mexican Association for the Protection of Intellectual Property (AMPPI). The speakers are Iliana Mier Hérnandez, Josúe Medina Campos and Mariana Vargas Macías. The moderator is Carolina Ponce.

On the same day, it will be held the webinar Global Design Database: Practical Cases, which is organized by the World Intellectual Property Organization (WIPO).

On 30 July 2020, the following webinars are scheduled:

Life Stories: Biopics and Image Rights (in Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI). Speakers: Diana Muller (USA), Gustavo Rodríguez (Peru), and Santiago Mediano (Spain). Moderator: Francisco Pérez Gangotena (Ecuador).
The Fight against Piracy and the Law Proposals on Intellectual Property (in Portuguese), organized by the Brazilian Intellectual Property Association (ABPI). Speaker: Mariana Carvalho (Federal Deputy). Moderator: Gabriel Leonardos (ABPI).
MP 984 - Football will no longer be seen in the same way (in Portuguese), organized by the Brazilian Intellectual Property Association (ABPI). Speakers: Alexandre Rangel and Guilherme Bellintani (Esporte Clube Bahia).

On 31 July 2020, the Peruvian National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI) and the National Association of Inventors of Peru (ASONIP) are offering the webinar Patent Oppositions (in Spanish). The speaker is Diego Ortega (INDECOPI).

AIPPI ESSAY PRIZE

The International Association for the Protection of Intellectual Property (AIPPI) is calling for submissions for the AIPPI Essay Prize.

The theme of this year’s competition is COVID-19 and its impact on the world of IP. There are two prizes for AIPPI members and one for IP students. The first prize is 2,000 Swiss francs and complimentary registration for the AIPPI World Congress. The winners of the second and the student prize will receive 1,000 Swiss francs. The winning essays will be available on the AIPPI website.

Complete submissions (the essay in English and the entry form) must be sent to publications@aippi.org before 1 September 2020 (5 pm CEST). Review here more information about the competition.

PAST EVENTS

Did you miss some events held the last week? The following are still available on-demand:

20 - 22 July. Conference: A Brand’s New World: The future of challenges in brand protection, organized by the Michigan State University’s Center for Anti-Counterfeiting and Product Protection (A-CAPP Center). The conference is available on-demand only for those who registered to attend the event.
20 July - 16 August. Course: Copyright and the Business of Creative Industries (in Spanish and Portuguese), organized by the International Confederation of Societies of Authors and Composers (CISAC).
22 July. Global Digital Encounters: IP Arbitration in a Digitally Enhanced World (Encounter 4), organized by the Foundation for Research on Law and Business (FIDE, acronym in Spanish) and the Transatlantic Intellectual Property Academy (TIPSA).
22 July. Webinar: Online piracy in Brazil - Achievements and Challenges (in Portuguese), organized by the Brazilian Intellectual Property Association (ABPI).
23 July. Webinar: Intellectual Property and Hackathons: Computer Program Registration (in Portuguese), organized by the World Intellectual Property Organization (WIPO) and the Brazilian Intellectual Property Association (ABPI).
23 July. Webinar: Cannabis regulation (in Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI).

If you have a craving for more, review the full list of events here!

Image is courtesy of the Intellectual Property Center of the Austral University.

A sport celebrity - image rights

Patricia Covarrubia August 11, 2014 No comments:

James Rodríguez lanza ‘El 10 Gold’ su primer producto como ...

Colombia Reports some news about its football star James Rodriguez. The golden boot winner of the 2014 World Cup is launching its own product ‘Gold 10’, an energy drink. The drink is made with ‘guarana, taurine and caffeine’ and part of the profits will be given to support the foundation ‘Colombia somos todos’ founded by James Rodríguez.

The newspaper EL Pais published an article with the highlight ‘What James Rodriguez trademark is worth’. This is continued by an assertion that the football player is not just an idol but his name is a 'brand' in advertising. It elaborates by stating that apart from the millionaire Real Madrid’s contract, he will add another 8.5 million euros profit due to its image. His image is used already in 8 brands e.g. Adidas, shampoo (Clear), deodorant (Rexona), beverages (Pony Malta and Milo) and breads (Bimbo) and now its own product ‘Gold 10’.

James Rodrigues, Penerus Carlos Valderama - ENCIETY NEWS

Also the Colombian newspaper La Republica noted the value of the football player James Rodriguez. It notes that by using players’ names it is a high impact strategy in consumer market. It gives examples of reasons why an image sells: “inspires health, discipline, confidence, success, love and… it tends to be followed”.

Image rights...a bit too much

Patricia Covarrubia November 25, 2013 2 comments:

Reading a little bit of showbiz section in the Colombia newspaper El Tiempo I found with surprise how much (or less) rights do you have when signing an image right contract. I presume that rights are given away for a good sum, but I never imagine the magnitude or better say, how wide they could be.

In this particular news the Colombian National Radio and Television ( RTVC ), commissioned by the Colombian Ministry of Labour , offered to the cycling star and peasants’ idol Nairo Quintana , to be the image of a campaign. The proposed campaign forms part of the new ‘Pacto Agrario’ (Agricultural Pact) run by the Government. At first Mr Quintana agreed but later on his manager Mr Libardo Leyton rejected any involvement with the campaign due to the cyclist’s image right being committed to Movistar (Nairo Quintana rides for the Movistar team). Movistar is one of the biggest mobile phone operators in Latin America, using its brand in more than 10 Latin America countries and operating under other brands in other countries. Does it mean that he cannot be the image of any other campaign? He is the image of a phone/telecommunications industry and what he has been approached for is a popular campaign for the people in the agricultural business, specifically farmworkers.

Nonetheless, RTVC then have another idea…hire the cyclist’s father!! That was the plan, which the father appeared to be accepted. However, Mr Libardo also noted that Mr Nairo’s father could not accept the campaign because the image rights owned by Movistar also included Mr Nairo Quintana’s father.

It is then presumed that his contract with the Movistar team has granted ‘exclusive’ rights to the mobile phone company. Yet, it is questionable the wide range of this said contract….binding another person (i.e. his father) who is not a party on the contract and who appeared not to know about this. OR..perhaps..well… this area is Greek to me.

Anyways, Nairo Quintana appears to be happy with the Movistar team since cycling news reports that Nairo will stay with Movistar for 2014 and Nairo’s brother Dayer will be joining the team.

Brazil: image right is a 'higly personal' right

Patricia Covarrubia March 13, 2013 No comments:

The Brazilian Superior Tribunal de Justiça (STJ) has given an important decision regarding images right.

The case in question was a photograph of an athlete who authorized the use of his image without financial reward. The athlete in question only granted permission to the Brazilian Olympic Committee for the purpose of the Olympic Summer Festival held in 1995. The company Sports Media was the responsible for the management of such photograph. Later on, Sport Media used the photo by manipulating it via computer graphics and using such final product for the Brazilian Championship Jiu-Jitsu 1995.

At first instance the claim for compensation was denied, a decision that was upheld by the Court of Rio de Janeiro arguing that the use of the photo in the second event was not of detriment to the reputation of the athlete and moreover, that the league to which the image was associated had no commercial purpose.

Last week the STJ overturned such decision and decided against Brazilian Jiu-Jitsu and Sports Media Ventures Ltd. The companies now need to pay compensation for damages due to improper use of image. The court clearly stated that none of the companies have had permission to reproduce the photo and used in such event i.e. jiu-jitsu. However the court clarified that in the case of image rights, the obligation to repair comes from a highly personal right and thus, there is no need for evidence of injury or damage. Moreover, the rapporteur of the case, Minister Villas Boas Cueva, noted that the jurisprudence of the Supreme Court states that “the mere publication of an unauthorized photograph of someone, usually causes discomfort, annoyance or embarrassmenpt, regardless of having been commercial purpose or not.” [Indeed, the integrity right should not be limited to the actual detriment of the person by way of injuring his/her reputation.]

Source STJ.

It’s all about sports

Patricia Covarrubia September 10, 2012 No comments:

Brazil is preparing to be the next country to leave a legacy. The fact is that the country is preparing to host two major international sport events in the next couple of years: the World Cup in 2014 and the Olympics in 2016. No doubt there is potentially a billionaire market at its door.

The global sale of the sport industry is expected to reach US $260 billion by 2013 according to WIPO. Moreover, it is said that the overall turnover of all sports goods could reach US $600 billion. Of course the news posted in the INPI’s website clarifies that these numbers depend on...yes, you guessed well: protecting intellectual property rights. Just think about it, there must be some hesitation: logos, brands, franchising, bids, trade marks, celebrity images and the like; everything needs to be well protected. In addition, it's not just about sports. To hold an international event of this enormity there is also other sectors especially services that can benefit such as: construction, tourism, food , attractions and so on and so forth.

For this reason, this week (12th and 13th) Rio de Janeiro will hold an International Seminar in Intellectual Property & Sports. As expected international as well as national specialist will have the floor (or shall we say field?) – you will hear expects from Fifa; INPI; World Health Organization (WHO); World Intelectual Property Organization (WIPO); the American Chamber of Commerce of Rio de Janeiro (AMCham-Rio); the president of the Brazilian Olympic Committee (COB), to name a few.

INPI informs that registration for the seminar is open; for more information click here.

Your image right? Oh darling, look at your contract of employment first

Patricia Covarrubia September 19, 2011 No comments:

Once upon a time a Brazilian publisher (Panini Brazil Ltda) edited and published the photo sticker album ‘Campeonato Brasileiro 91’. Fluminense former player Carlos Alberto Luciano, filed an action for compensation for material and moral damages, against the editor for publishing without permission, his photo as a sticker in the aforementioned album.

The situation is that at the time the album was published, Luciano was playing for the Rio de Janeiro club. Panini Brazil Ltda argued that it had signed a contract with the club which involved the right to use the image of its players. To this effect, Panini noted that by signing the contract it is Fluminense who is held liable for any damages resulting from the dissemination of these images. Moreover, Panini added that the athlete had acted in bad faith by filing the action, mentioning that 17 years has gone by between the publication of the album and the filing of the suit.

At first instance, the court of the 14th Civil Court of Belo Horizonte condemned the publisher to pay R$ 12,000 in moral damages and ordered the club to pay compensation. The publisher appealed and so did Fluminense. In the second instance the Court of Justice of Minas Gerais acknowledged that this case was no for a common court but for a labour court and thus, annulled the first instance decision and decided to refer the case to the Labour Court, which raised the conflict of jurisdiction in the Supreme Court.

Superior Court of Justice (STJ).
The rapporteur of the case, Minister Nancy Andrighi, held that the property right to use the image of the player depends on the employment contract. It concludes that the action for compensation for material and moral damages, filed by former player against Panini Brazil Ltda is the competence of a labour Court.

The news refers to case No CC 113220.