The 2nd Panel of the Regional Labor Court of the 4th Region (TRT-RS)affirmed a lower court’s decision ordering a company to pay damages to a former employee due to the exposure of his image in advertising campaigns months after the end of the employment contract.
According to the case records, the guard authorized the use of his image in the employer’s commercial campaigns, but the employment contract did not provide for a term for the exercise of such right. Nonetheless, the company continued to use the former employee’s image in its advertisements, even after the end of the employment contract.
The court found that the former employee’s image could not be used after the term of the employment contract. The court affirmed the lower court’s decision, but reduced the amount of damages from R$ 30,000 to R$ 5,000.
More information available in Portuguese at:https://www.conjur.com.br/2021-jan-10/vigilante-indenizado-uso-imagem-folder
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Labor Court ordered a company to pay damagesto a former employee for using his image in a marketing campaign
The 2nd Panel of the Regional Labor Court of the 4th Region (TRT-RS)affirmeda lower court’s decision ordering a company topay damages toa former employee due to the exposure of his image in advertisingcampaignsmonths after the end of the employment contract.
According to thecase records, the guard authorized the use of his image inthe employer’scommercial campaigns, but the employment contract did not provide for a term for the exercise of such right.Nonetheless, thecompany continued to use theformer employee’simage in its advertisements, even after the end of theemploymentcontract.
Thecourt found that the former employee’s image could not be used after the term of the employment contract. The court affirmed the lower court’s decision, but reduced the amount of damages from R$ 30,000 to R$ 5,000.
More information available in Portuguese at:https://www.conjur.com.br/2021-jan-10/vigilante-indenizado-uso-imagem-folder