Post by xyz3000 on Feb 12, 2024 3:14:30 GMT -5
The supermarket chain Pão de Açúcar was ordered to pay compensation of 300 minimum wages for moral damages to José Carlos de Almeida, for misappropriating two children's characters created by him: Pãozinho and Açuquinha. The decision was made by judge Carlos Eduardo Xavier Brito, from the 27th Court of São Paulo. The Pão de Açúcar group, known by its corporate name as Companhia Brasileira de Distribuição, will also have to disclose ownership of the work in all media outlets that used it. Material damages will be assessed during the settlement phase of the sentence. The decision may be appealed. According to the records, José Carlos de Almeida created a comic book in May for a project called “Clubinho Pão de Açúcar.
The objective of the campaign was to raise donations for needy children. On this occasion, the characters Pãozinho and Açuquinha bore the author's signature. Later, the network used the characters in other products, such as children's websites, plush dolls, Easter eggs, panettone, TV advertisements, among others, without the creator's prior authorization, changing the names and graphic composition of the dolls. José Carlos Estonia Email List de Almeida filed a lawsuit for compensation for moral and material damages due to improper use of his creation. He claimed that the Pão de Açúcar group used its characters, making adaptations to mischaracterize the original work. To defend itself, the Brazilian Distribution Company maintained that the characters did not belong to José Carlos, but rather to a company called OZ Design.
And he maintained that there was no business between the author and the group. Judge Carlos Eduardo Xavier Brito did not accept the arguments and recognized José Carlos de Almeida as the author of the works. He understood that the documents included in the process prove the allegations. Therefore, according to the judge, the fact that there was no direct relationship between the company and the author does not change the situation of the case. “Once the author is proven to be the owner of the copyright and its misuse, compensation is required,” he stated. “It is demonstrated that the defendant used the material signed by the author, and cannot, therefore, claim that she is unaware of it or that no relationship was established with it, using work written by a third party, her responsibility emerges constantly” , considered the judge.
The objective of the campaign was to raise donations for needy children. On this occasion, the characters Pãozinho and Açuquinha bore the author's signature. Later, the network used the characters in other products, such as children's websites, plush dolls, Easter eggs, panettone, TV advertisements, among others, without the creator's prior authorization, changing the names and graphic composition of the dolls. José Carlos Estonia Email List de Almeida filed a lawsuit for compensation for moral and material damages due to improper use of his creation. He claimed that the Pão de Açúcar group used its characters, making adaptations to mischaracterize the original work. To defend itself, the Brazilian Distribution Company maintained that the characters did not belong to José Carlos, but rather to a company called OZ Design.
And he maintained that there was no business between the author and the group. Judge Carlos Eduardo Xavier Brito did not accept the arguments and recognized José Carlos de Almeida as the author of the works. He understood that the documents included in the process prove the allegations. Therefore, according to the judge, the fact that there was no direct relationship between the company and the author does not change the situation of the case. “Once the author is proven to be the owner of the copyright and its misuse, compensation is required,” he stated. “It is demonstrated that the defendant used the material signed by the author, and cannot, therefore, claim that she is unaware of it or that no relationship was established with it, using work written by a third party, her responsibility emerges constantly” , considered the judge.