Portuguese football player Diogo Santos has filed a lawsuit against an American company that develops and distributes FIFA electronic games, demanding compensation for the “improper and offensive” use of his image.
PORTUGAL DEMANDS ALMOST 54 THOUSAND EUROS
In the lawsuit, which was filed in the Braga court and to which Lusa had access today, Diogo Santos seeks compensation of more than 53,900 plus interest for property and non-pecuniary damage.
It alleges that Electronic Arts Inc., based in California, United States of America, is using its name, likeness, and personal and professional characteristics in its video games titled FIFA 2019 and FIFA MANAGER 2010 without permission. , 2011 , 2012, 2013 and 2014
He also says that he “never gave anyone explicit or even tacit permission” to participate in these electronic games.
Currently Diogo Santos, now 37 years old, originally from Vila Franca de Xira, lives in Fao, Esposenda, played for Felgueiras last season.
He has already passed through Académico de Viseu, Santa Clara, Famalican, Oliveirense, Aroca and Gil Vicente, and also defended the colors of Brasov from Romania.
DYOGO SANTOS COMPARES THE CASE OF MESSI
In action, Diogo Santos says he had access to news that Electronic Arts is paying “some players real fortunes, as in the case of Lionel Messi, who receives US$50 million for appearing in their games.”
“Author [Diogo Santos] does not intend to receive what is being paid to Lionel Messi, but such news proves that the amount requested, given the economic opportunities of the defendant [empresa] and the fact that she pays some players is very modest, ”the lawsuit says.
The action also emphasizes that the games have an annual release, which implies a payment of 6,000 euros for appearing in each game, “which is not even enough, because we are talking about a reward for the annual use of the image of a football player, a professional in the first division of Portugal.”
The lawsuit was filed with the court of Braga, which in September 2021 deemed itself “internationally incompetent” to evaluate and judge him.
The footballer appealed to the Court of Appeal, which upheld the decision of the first instance, and then to the High Court of Justice (HJC), which gave him grounds for continuing the process.
In a May 24 decision consulted by Lusa this Thursday, STJ states that “they have international competence to know the substance of a non-contractual civil liability claim for infringement of personal rights through content broadcast around the world, the courts of the country in which the center the interests of the victim is in the period when the damage caused by this offense arises.
“Portuguese courts have international jurisdiction to rule on a claim in which a professional football player who predominantly operated in Portugal seeks compensation for damages caused by the unauthorized use of his name and likeness in FIFA video games produced in the United States of America. and distributed all over the world, ”adds the Supreme.
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