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Football-legal
31
Dec
2018
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Paula DE CASTRO MOREIRA SORDI
Broadcasting Rights & Sponsorship
Cases
Brazil
Football Legal # 10

Brazilian assistant referee's lawsuit related to the use of his image by broadcasters rejected by the Brazilian Courts


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Appeal Tribunal of the State of Rio Grande do Sul, 27 September 2018, no. 70078107984, Altemir Hausmann
Date of the decision: 2018-09-27

Brazilian referees Carlos Simon (C), Altemir Hausmann (L) and Roberto Braatz (R) are pictured at the end of the Group C first round 2010 World Cup football match England vs. USA on 12 June 2010 at Royal Bafokeng stadium in Rustenburg.

In 2016, after his retirement from his activities within football in 2013, the Altemir Hausmann (who participated in several national, continental and international matches) filed a lawsuit against the broadcast companies Globo Comunicação e Participações S.A. and Globosat Programadora Ltda., asking for compensation related to the use of his image.

In the proceedings, the referee argued that the companies, which have the broadcasting rights of the tournaments in which he worked, had never paid him for the use and commercial exploitation of his image. Recently, the Tribunal of the State of Rio Grande do Sul ruled on the matter, confirming the decision issued by the judge of first instance, which dismissed the claim.[1]

The assistant referee argued that the broadcast companies never sought his authorization to use his images in the matches, nor compensated him for such use, although they commercially exploited the broadcasting of the matches. The respondents, in turn, alleged that they had no standing to be sued, once the referees are bound by the football federations, which are the entities that sign contracts with the broadcasters, assigning the...

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Topics
  • Broadcasting Rights & Sponsorship
Keywords
  • Broadcasting rights
  • Image rights
  • National Courts
  • National Law
  • Referee
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