The judiciary of Rio de Janeiro has ruled that the candidate for the government of Piauí Silvio Mendes (União Brasil) has removed from his social networks an election campaign video that uses a song by the Rio de Janeiro singersongwriter Chico Buarque.
Silvio Mendes’ campaign advisor reported that Chico Buarque’s music is available on Instagram and was therefore used. He also informed that the video will not be available and the defense will be presented on file to prove the regularity of the release. Read the full notice below.
With the preliminary decision, Silvio Mendes’ campaign must immediately remove the video in question from “all platforms on which it is published”, as Judge Fernando Rocha Lovisi wrote. The decision was signed on Monday afternoon (15).
“The plaintiff proves, through an informative link attached to the file, that the defendant uses music written by Chico Buarque, the originator of this case, for his own benefit,” the judge wrote.
The lawsuit sought R$40,000 in damages for moral damages and the removal from the air of the video broadcast on the candidate’s social networks.
The request for an urgent withdrawal had been denied by Judge Márcia de Andrade Pumar, who argued that an injunctive relief was not necessary as there was “no urgency to act, not even fear of irreparable damage or difficult repair”.
The judge’s decision came the same day the singer filed the lawsuit, on Aug. 5. On the 10th, the lawyer João Tancredo, representing the singer Chico Buarque, presented the petition to review this decision, which was granted this Monday (15).
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2 of 3 União Brasil officially accepted the candidacy of Sílvio Mendes and Iracema — Photo: Maria Romero/g1 Piauí
União Brasil makes official the candidacy of Sílvio Mendes and Iracema — Photo: Maria Romero/g1 Piauí
The video that is the subject of the action was taken on July 30, the day of the União Brasil where Silvio Mendes’ candidacy was made official, and published on social networks on the same day.
The video’s soundtrack is the song “Apesar de você” composed and performed by Chico Buarque. The version used in the video is part of the album “Chico Buarque” recorded in 1978.
In the video, the candidate appears accompanied by Civil House Minister Ciro Nogueira, federal deputy Iracema Portella, who is running for lieutenant governor, and Senate candidate Joel Rodrigues.
3 of 3 In 2015, the singer sued a shopping center in Teresina for misusing images. — Photo: Art: Fernando Brito
In 2015, the singer sued a shopping center in Teresina for image abuse. — Photo: Art: Fernando Brito
In February 2022, the 6th Special Civil Court of Rio de Janeiro ordered Rio Grande do Sul Governor Eduardo Leite (PSDB) to pay singersongwriter Chico Buarque BRL 40,000 in damages for moral damages.
Chico Buarque filed a lawsuit alleging misuse of his image against Leite after the politician used the artist’s image in a video posted on social media on September 4. The court also ruled to remove the image from the ad.
In 2015, the singer sued a shopping center in the capital for image abuse. A montage featuring the cover of the Carioca composer’s first album, released in 1966, was posted on the mall’s Facebook profile.
Read the note from Silvio Mendes’ campaign office below:
We are aware of the decision in the lawsuit filed by Chico Buarque de Holanda, which challenges the use of his song “Despite you” in a video posted on Instagram by candidate Sílvio Mendes.
The song in question is available on the Instagram platform and can be used by all users in the various forms of publication (reels, stories and feed), which is why the decision of candidate Sílvio Mendes was met with astonishment, also because there was an earlier order, the injunction to refuse.
Out of respect for the new court decision, the video will be blocked and the defense will be presented on file to prove the regularity of the publication.