On November 17, 2020, the 3rd Panel of the Superior Court of Justice (SCJ) affirmed the decision of the Court of Appeals of the State of Rio de Janeiro on a copyright dispute involving vignettes broadcasted by Rádio Globo, such as “Rádio Globo-ooo”, “Fluminense-eee” and “Fla-men-go-oo”1.
This dispute was initiated in 2009 and the plaintiff João Rolón sought a compensation for the use of his sports vignettes by Rádio Globo. The lower court partially granted his request, ordering the payment of copyrights for the last 3 years prior to the filing of the lawsuit. However, the decision was reversed in an appeal filed by Rádio Globo, and the plaintiff’s request was dismissed because the plaintiff failed to exercise his right for a long time. The SCJ upheld the understanding that there was a valid verbal contract between the parties about the free use of such vignettes.
The reporter justice pointed out that the agreement was observed by the parties in a peaceful manner for several years and the modification of the behavior of one of the parties does not constitute good faith, and the parties had assumed that the plaintiff had waived its right to receive such copyright payments.
1Special Appeal 1.643.203
More information available in Portuguese at: https://migalhas.uol.com.br/quentes/336513/fla-men-go-o-o—radio-globo-vence-disputa-de-direito-autoral-de-vinhetas-esportivas-com-eco-no-fim