Zambelli is ordered to pay compensation for the irregular use of Boulos’ image

Conviction

In 2021, she posted reviews and an image of the deputy made by a photographer

Brasilia DF) – Federal deputy Carla Zambelli (PL-SP) was sentenced by the São Paulo court to pay compensation of R$ 8,900 for the improper use of a photograph by Guilherme Boulos (PSOL).

In 2021, Zambelli published criticism of Boulos on his social networks and attached an image made by photographer Peter Leone.

The deputy, however, did not pay for the use of the image and did not even have the photographer’s authorization to use it.

“At no time did the author [do processo] authorized such use, nor was he remunerated for the use of his intellectual property work”,

lawyer Chrystian Sobania Wowk, who represents him, told the court.

The Bolsonarist deputy defended herself in the process by stating that Leone had given the photograph to an image bank, and that, therefore, he would not have the right to complain about the lack of payment.

“Eventual violation of copyright violates the fundamental guarantees of this third party[the company that owns the image bank]and no longer of the creator”, said the deputy to Justice. [aempresaproprietáriadobancodeimagens)enãomaisdocriador”afirmouadeputadaàJustiça

He also said that the image had been widely disseminated on the internet, “without any restriction, control or mention of credits, which rules out copyright infringement”.

The deputy also declared that the image had a “clear public character”.

The judges of the São Paulo Court of Justice did not agree with the argument, condemning the deputy for material and moral damages.

“The deputy claimed, but did not prove that he ceded the copyright of the photographic work”, said Fernanda Deporte, rapporteur of the case, in the decision.

The conviction amounts will still be increased by interest and monetary correction.

*With information from Folha de S. Paulo

Read more:

Carla Zambelli’s security guard is arrested after shooting during a chase in São Paulo

Deputy Carla Zambelli draws and points a gun at people in São Paulo; watch video

Alberto Neto participates in the “out Lula” protest during the inauguration ceremony in the Chamber