São Paulo courts condemned the businessman and influencer to pay compensation for moral damages of $ 20,000
In last year’s campaign, when he played and lost the election for mayor of Sao Paulo, synchronizing the statement “thought I was defeated, found it wrong” with the first sentence of the song: “They thought I was defeated, who thought was wrong.”
Dexter’s office issued an official note at the time saying that the singer had not authorized the use of music. “Especially because the ideas of the candidate do not reflect under any circumstances the artist’s personal position and personal opinion,” the text said.
To the court, Dexter stated that there was disrespect for the integrity of his work.
Marçal said in the process that during a live interview on television, he briefly mentioned an excerpt from music spontaneously and in the context of a public discussion, “without any purpose of commercial or profitable exploitation.”
He stated that the music is widely available on digital platforms, “can be freely accessed by any user” and that the mentioned passage was used exclusively in order to illustrate a personal point of view, “exercising from their right of expression”.
Judge Samira Lorraine said in the decision that Marçal and violated him the copyright of Dexter, with the singer of the singer’s honor and reputation as his work was “unlawfully used for political-electoral purposes.”
In addition to the R $ 20 thousand for the singer, Marçal will have to pay compensation for material damage to companies attraction Produções Unimited Ltda. and Phonographic Attraction Ltda., Holders of Rights on the Song. The values will be calculated in an expertise.
Marçal can still appeal.
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