The Third Panel of the Superior Court of Justice (STJ) unanimously rejected, this Tuesday (1st), an appeal that asked an establishment, located in Cotia São Paulo, to compensate the heirs of singer Tim Maia for using the name “Do Leme ao Pontal”, title of one of the artist’s most iconic songs.
The lawsuit filed by the singer’s estate alleges that there was a violation of intellectual property rights related to Tim Maia’s famous song. In addition to compensation, the process also asks that the phrase not be used by the establishment.
However, the São Paulo Court ruled that there was no misuse of the name and dismissed the request made by the singer’s estate as unfounded. The court understood that the expression “Do Leme ao Pontal” is not the exclusive use of Tim Maia’s work, as it traditionally refers to a geographical area in Rio de Janeiro.
The singer’s estate appealed the decision of the São Paulo Court to the STJ.
The appeal’s rapporteur, minister Ricardo Villas Bôas Cueva, decided that the establishment did not violate the intellectual property rights of Tim Maia’s music. His understanding was followed by the other ministers of the Court.
In his decision, Villas Bôas Cueva highlighted that before being immortalized in Tim Maia’s music, the expression “Do Leme ao Pontal” was already used to refer to the coastal strip of Rio de Janeiro.
Therefore, the panel decided that the bar owner can continue to use the name and does not need to compensate the singer’s heirs, since the expression, outside the context of the musical work, is not considered the exclusive intellectual property of Tim Maia.
Other decisions
Last month, the Third Panel of the STJ decided that the clothing brand Reservas would have to compensate Tim Maia’s heirs for using some excerpts from their songs in prints on the brand’s t-shirts.
According to the decision, the clothing brand must compensate the singer’s heirs up to R$600 million for the unauthorized use of the letters on the t-shirts. The exact amount of compensation will be calculated upon compliance with the sentence.
The t-shirts in question displayed the phrases “Guaraná & Cashew Juice & Guava & Dessert” and “You and Me, Me and You”.
The rapporteur for this case, minister Marco Aurélio Bellizze, highlighted that “there was an affront to the author’s rights due to the improper marketing of t-shirts”. His understanding was followed by the other ministers of the Court.
“There was, indeed, the illicit reproduction of excerpts from the author’s musical work, with no mention of intertextuality, as the prints go beyond mere reference to the author’s works, being a copy of the lyrics of his songs with the simple addition of “ &” and the suppression of other connectives, with the undue appropriation of the work for commercial exploitation being clear”, wrote the minister in his decision.
This content was originally published in STJ: Bar named “Do Leme ao Pontal” should not compensate Tim Maia’s heirs on the CNN Brasil website.
Source: CNN Brasil
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