Singer Roberto Carlos became active STF (Supreme Court) v. Federal Representative of Terrerica (PL-SP), which mocks sing “The Gate” in election advertising.
“I voted and I will vote again. Terrerica, Brasilia is your place,” the parliamentarian sings in the video.
The singer’s team appealed to the court after the TJ-SP (São Paulo Court of Justice) rejected a lawsuit asking for the removal of the video and R$50,000 compensation for misuse of the work. For Roberto Carlos’ lawyer, the redefinition “misleads voters and the general public and creates an unfair relationship between Terrica and Roberto Carlos”.
However, the judge hearing the case held that the parody was not intended to reproduce the original work and was not derogatory and therefore did not infringe the character’s rights.
The actress’ lawyer Leticia Providel appealed against the decision. “While parodies are permitted for political purposes, the right to an image should not be confused with the right to parody a work – and never the image of a writer and artist. It is not just a satirical song based on their work, but the use of their image in relation to politics, which makes their propaganda false. supported.
This is not the first time Roberto Carlos has sued Terrerica. In 2014, he filed a lawsuit for the same reason, but the STJ (Supreme Court of Justice) rejected it, arguing that parody was not inconsistent with copyright law.
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