When producing content on the Internet, it is necessary to think about various legal factors so that third party rights are not infringed, especially with regard to Copyright.
It is imperative to identify, for example, in the image used, the origin of the publication, as well as the type of license of use, checking if there is permission for commercial use or for modifications, if applicable.
If any violation is found, it is possible to notify the alleged infringers to cease the improper use of the work, but any financial compensation must be negotiated between the parties or explored in a separate legal action, in which the alleged infringer is guaranteed the right to an adversarial proceeding and a full defense.
The unilateral imposition of a fine for improper use of copyrighted works in Brazil is therefore not accepted by the national judiciary, which recently ruled that it is impossible to collect the fine without an agreement or contract, since such unilateral collection is not regulated by the Brazilian Copyright Law.
The ruling, from the 2nd Special Civil Court of Cuiabá, of the Mato Grosso Court of Justice, also condemned the company representing the images’ author to pay compensation for moral damages for undue collection.
Case No: 1061742-57.2022.8.11.0001
Plaintiff: MARIA APARECIDA TEIXEIRA LYRA
Defendant: PICRIGHTS BRASIL – INTERMEDIAÇÃO DE NEGÓCIOS DE IMAGEM E DIREITO AUTORAL