Post by account_disabled on Jan 11, 2024 2:18:30 GMT -5
The Superior Court of Justice has already decided: ideas are not protected by Copyright Law. There is even guidance in this regard in the Copyright Law (Law 5,988/1973). Therefore, the fact that someone suggests the creation of a TV program and then claims compensation for rights violations in court does not deserve to be accepted.
The understanding was expressed by Special Data judge Sang Duk Kim, from the 33rd Civil Court of São Paulo. The first instance in São Paulo denied Vander Nascimento dos Reis' request for compensation for moral and material damages against TV Bandeirantes and presenter José Luiz Datena.
According to the process, Vander presented the project for a program that would be called Coração Brasileiro to the Band and the presenter . The presenter would travel around the country showing the characteristics of each region. Datena would have promised that she would respond to the proposal.
Still according to Vander Nascimento, Datena did not fulfill what he said and, later, the broadcaster started to present No Coração do Brasil , a program that has the same characteristics as the program that the author of the action says he created.
The owner of the idea then filed a compensation suit alleging copyright infringement. The broadcaster and the presenter maintained that the program did not bring any influence from the program created by Vander Nascimento and maintained that the case does not meet the necessary requirements for copyright protection: creativity and originality.
The broadcaster's defense also stated that it never received the project that would have been prepared by the author and that the idea of plagiarism is absurd. The judge accepted the arguments.
“The presentation of the confines of immense Brazil with its regional characteristics and cultural diversity is a picture already permeated in existing programs. If the author's thesis were to prosper, no one in the country or outside of it could make television or journalistic programs presenting and exploring their own country. The author did not provide any concrete evidence that the No Coração do Brasil program was effectively a copy of the Coração Brasileiro program”, he considered.
“Even if it is proven that the defendants had the idea of the program from the program conveyed in the materials sent by the author, this is nothing more than an idea, and this is not subject to appropriation, but rather the finished works. In the absence of the originality of the author's work and the impossibility of appropriating ideas, the author's claim for compensation is unfounded”, concluded judge Sang Duk Kim.
The understanding was expressed by Special Data judge Sang Duk Kim, from the 33rd Civil Court of São Paulo. The first instance in São Paulo denied Vander Nascimento dos Reis' request for compensation for moral and material damages against TV Bandeirantes and presenter José Luiz Datena.
According to the process, Vander presented the project for a program that would be called Coração Brasileiro to the Band and the presenter . The presenter would travel around the country showing the characteristics of each region. Datena would have promised that she would respond to the proposal.
Still according to Vander Nascimento, Datena did not fulfill what he said and, later, the broadcaster started to present No Coração do Brasil , a program that has the same characteristics as the program that the author of the action says he created.
The owner of the idea then filed a compensation suit alleging copyright infringement. The broadcaster and the presenter maintained that the program did not bring any influence from the program created by Vander Nascimento and maintained that the case does not meet the necessary requirements for copyright protection: creativity and originality.
The broadcaster's defense also stated that it never received the project that would have been prepared by the author and that the idea of plagiarism is absurd. The judge accepted the arguments.
“The presentation of the confines of immense Brazil with its regional characteristics and cultural diversity is a picture already permeated in existing programs. If the author's thesis were to prosper, no one in the country or outside of it could make television or journalistic programs presenting and exploring their own country. The author did not provide any concrete evidence that the No Coração do Brasil program was effectively a copy of the Coração Brasileiro program”, he considered.
“Even if it is proven that the defendants had the idea of the program from the program conveyed in the materials sent by the author, this is nothing more than an idea, and this is not subject to appropriation, but rather the finished works. In the absence of the originality of the author's work and the impossibility of appropriating ideas, the author's claim for compensation is unfounded”, concluded judge Sang Duk Kim.