Portugal continue trial for ‘misuse’ of image in FIFA games

Portuguese footballer Diogo Santos has filed a lawsuit against the American company that develops and supplies FIFA electronic games, seeking compensation for the “inappropriate and abusive” use of his image.

A PORTUGUESE ASKS NEARLY 54 THOUSAND EUROS

In the action, which was filed with the Court of Braga and which Lusa had access to today, Diogo Santos seeks compensation in excess of 53,900, plus interest, for material and non-material damages.

She alleges that the company Electronic Arts Inc., based in California, United States of America, uses, without her authorization, her name, her image and her personal and professional characteristics in the video games she produces, called FIFA 2019 and FIFA MANAGER 2010. , 2011, 2012, 2013 and 2014.

He also says that “he never gave express, or even tacit, authorization to anyone” to be included in these electronic games.

Currently 37, Diogo Santos is from Vila Franca de Xira and lives in Fão, Esposende after playing for FC Felgueiras last season.

He has already passed through Académico de Viseu, Santa Clara, Famalicão, Oliveirense, Arouca and Gil Vicente, having also defended the colors of Brasov, Romania.

DIOGO SANTOS COMPARES THE CASE OF MESSI

In the action, Diogo Santos says he had access to news that Electronic Arts is paying “a real fortune to some players, as is the case of Lionel Messi, who receives 50 million US dollars to appear in their games” .

“The author [Diogo Santos] does not intend to receive what is paid to Lionel Messi, but this news proves that the amount requested, taking into account the economic capacity of the defendant [empresa] and what it pays certain players is very modest,” the lawsuit states.

The action also points out that the games have an annual release, which involves the payment of an amount of 6 thousand euros per appearance in each game, “which is even rare because it is a remuneration for the annual use of the image of a professional football player in the first division in Portugal”.

The action was filed in the court of Braga, which in September 2021 considered itself “internationally incompetent” to assess and judge it.

The footballer appealed to the Court of Appeal, which upheld the first instance decision, then to the Supreme Court of Justice (STJ), which ruled in his favor, determining the continuation of the proceedings.

By decision of May 24, consulted by Lusa on Thursday, the STJ specifies that “they have international jurisdiction to hear the merits of an action for extra-contractual civil liability, for infringement of personality rights through content disseminated in the world, the courts of the country where the center of interests of the injured person is located during the period during which the damage caused by this infringement occurs”.

“The Portuguese courts have international jurisdiction to rule on an action in which a professional footballer exercising his activity mainly in Portugal seeks compensation for damages caused by the unauthorized use of his name and image in FIFA video games produced in United States of America and broadcast around the world,” adds the Supreme.

with LUSA

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