Injunction determines the removal of images of influencer Karolina Trainotti in the song’s promotional video
A 29th Civil Court of São Paulo determined the prohibition of broadcasting excerpts from the video for the song “Oi, Tudo Bem?”, by the duo Zé Neto e Cristiano. The decision responds to the influencer’s request Karolina Trainottiwhich appears in publicity material for the work. The content references dialogues by Daniel Vorcaroowner of Banco Master, with women, obtained through breach of cell phone confidentiality.
Judge Daniela Dejuste de Paula established that those responsible for the music must stop using images, data or elements that identify the author of the action. The text of the decision mentions the preservation of personality rights ea absence of consent for reproducing records of personal life. The judge cited the danger of harm due to the content propagation speed in a network environment.
“In order for the author’s personality rights to be preserved and for the disclosure of her private image not to be reproduced without consent, combined with the fact that it is widely disseminated content in a highly propagated digital environment, I verify the presence of the probability of the right and the danger of damage necessary to grant urgent protection”, says the decision.
“That said, I grant the request for EMERGENCY PROTECTION to determine that the defendants refrain from using, broadcasting, reproducing or disclosing, without consent, images, personal data or any elements that allow the identification of the author, especially in the context of promoting music”, he adds.
The lyrics of the composition describe the sending simultaneous messages for different people. The promotional video used recordings by Vorcaro, Martha Graeff and Karolina Trainotti to illustrate the verses. Trainotti’s defense maintains that the piece exposes the client in personal life context and requests the compensation payment. The influencer’s name appears in records about the receipt of property from the Master’s owner.
The duo’s statement
In a video published on social media, Zé Neto states that the decision aims to shut the pair up. “They’re trying to silence us, but the music is good,” he said.
The release of the song “Oi, Tudo Bem?” is planned for the next day 9. “We’re going to release this song on April 9th, and it’s already making waves. I don’t even know if we’re going to release it or not. I’m kind of scared,” said Zé Neto.
The artist stated that the song is being associated “with a certain subject”, that when he saw the news about the ban he thought it was an April 1st joke, and that as the process is under judicial secrecy he could not give more details to fans about the case. In the video, he appears leafing through a copy of the process sent by his lawyer.
*With information from Estadão Conteúdo
