NEWS
The Court of Justice of the State of São Paulo has ordered a toy company to pay R$ 20,000 as moral and material damages for the unauthorized use of the likeness of a young girl from when she was an infant in the packaging of one of its child’s toys.
According to the Rapporteur of the case, even if there was a verbal agreement for the use of the girl’s likeness signed between the parties, it would not be possible to presume that such agreement had its term renewed to the point where it could last for 14 years.
According to the decision, the toy company did not demonstrate the presumption of renewal of the expired term of the consent for the exploitation of the plaintiff’s likeness, and it was understood that such use after 10 years as of the alleged verbal agreement entered into by the parties would be the same as using the image without the plaintiff’s consent.
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Rafael Pessoa
