Case comment: the unauthorized use of the image of a football player in videogames as a violation of image rights in Brazil. Issue 2 (December 2018)

• Record Type: Journal Article
• Authors: Westenberger, Paula
• Is Part Of: Interactive entertainment law review. Volume 1:Issue 2(2018)
• Page Start: 119
• Page End: 122
• Publication Date: 2018-12
• Subjects: Brazil -- football player -- fundamental rights -- image rights -- videogame; Computer games industry -- Law and legislation -- Periodicals; Electronic games industry -- Law and legislation -- Periodicals
• DOI: 10.4337/ielr.2018.02.05
• Languages: English
• ISSNs: 2515-3889

Abstract

Abstract : This case comment analyses a decision by the São Paulo Court of Appeal in a case concerning whether the use of the image of a football player in a videogame, without the athlete's permission, constituted a violation of his image rights. The Court of Appeal found that the use of the image of a public person, without their consent, in a commercial activity with no relevant public interest to be protected, harms a fundamental personality right and generates the right to compensate for damages.