World · Latin America · 5 hrs ago
São Vicente ordered to pay actor R$50,000 for unauthorized photo use
A judge in São Vicente ordered the city to pay Oscar Magrini R$50,000 for using his image without permission.
Magrini, a Brazilian actor, had been hired to play Martim Afonso in a stage production in 2014.
His image license covered publicity for the show, but the city also printed his photo in property tax bills.
The judge said the bills were sent to thousands of local taxpayers and could remain in homes for years, extending the exposure.
The award covers material damages for the unauthorized use; a separate ruling had earlier ordered R$30,000 in moral damages.
The judge relied on Magrini’s advertising contracts, which showed fees of R$50,000, after the city failed to pay for a court-ordered expert review.
The R$50,000 award is to be adjusted for inflation and interest from the photo’s first use in the 2014 tax bill.
São Vicente was ordered to pay actor Oscar Magrini R$50,000 in material damages for using his image without authorization on property-tax booklets.
A judge set the amount based on advertising contracts submitted by Magrini after the city failed to pay for a court-ordered expert assessment.
The image had been licensed for promotion of a 2014 play, but the city also used it in booklets sent to taxpayers.
The decision said the printed booklets were kept in homes for years, resulting in continued exposure of Magrini’s image.
- Who
- Actor Oscar Magrini and the municipality of São Vicente.
- What
- The city was ordered to pay R$50,000 in material damages for unauthorized use of Magrini’s image.
- When
- The decision was made in October 2026. The image appeared in a booklet for the 2014 tax year.
- Where
- São Vicente, in São Paulo state, Brazil.
- Why
- The municipality used Magrini’s photograph in property-tax booklets without authorization.
Oscar Magrini
Municipality of São Vicente
Compensation
Oscar Magrini
Magrini sought material damages for unauthorized image use, with the amount assessed using his advertising contracts.
Municipality of São Vicente
The municipality appealed the earlier R$50,000 calculation; the court ordered an expert assessment, which the city did not fund.
Magrini performed as Martim Afonso in the play “Fundação Vila de São Vicente,” and his image was licensed exclusively to promote the show.
Material damages were set at R$50,000, but the state court later set aside that calculation and ordered an expert assessment after the municipality appealed.
A judge fixed material damages at R$50,000, finding the municipality had lost the opportunity to produce expert evidence by not paying the expert’s fees.
- Award
- R$50,000 in material damages
- Actor
- Oscar Magrini
- Defendant
- Municipality of São Vicente
- Tax booklet
- IPTU booklet for the 2014 tax year
- Court case
- 0005435-33.2020.8.26.0590
What people are saying
Despite the municipal limits on distribution of the booklet, it was a printed publication sent indiscriminately to thousands of taxpayers in São Vicente and kept in homes for many years as proof of property ownership and tax payment, causing continued exposure of the plaintiff’s image without proper remuneration.
Sources
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