The 9th Civil Chamber of the Court of Justice of Rio de Janeiro has ruled that a health insurance company may use the image of Christ the Redeemer in its advertising campaigns.
The first level decision on the matter ordered the insurance company to cease the use of the image of Christ the Redeemer in its publicity pieces. However, the decision was reformed by the Court of Justice of the State of Rio de Janeiro, under the understanding that the monument had become a part of the historical, cultural and landscape collection of Rio de Janeiro, therefore being an exception to Copyright Law, which provides that the reproduction of a work of art requires authorization of the owner of its rights.
According to the Reporting Judge of the decision, the merely illustrative reproduction of a work located in a public space would not require a prior authorization from the owner of the work’s patrimonial copyrights.
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