The boys of the ‘Clube da Esquina’ club lose the case;  understand the case involving Milton Nascimento

The boys of the ‘Clube da Esquina’ club lose the case; understand the case involving Milton Nascimento


Antônio Carlos Rosa de Oliveira and José Antônio Rimes asked for 500,000 reals for moral damages and misuse of the image: “They didn’t help at all”

Antonio Carlos Rosa DeOliveira AND Jose Antonio Rimes lost the lawsuit filed against the singers Milton Nascimento AND The Borgesand the record company EMI (which today is part of universal), started in 2012. The information comes from the newspaper Folha de S. Paulo. A Justice of Rio de Janeiro he prescribed the case at the end of August. The men are asking for moral damages and misuse of the image for having their faces imprinted on the disc. Clube da Esquinasince 1972.

Called “the boys” on the cover, the two were photographed in a rural area by the Pernambuco photographer Carlos Filho, Cafi, a year earlier. They learned that the image only became one of the most iconic in Brazilian music 40 years later. Known as Cacau and Tonho, they filed a lawsuit and demanded R$500,000.

OR Estadao I got in contact with the singers and the record company. The space remains open for updates.

“I didn’t know that,” Tonho said in an interview with the newspaper Folha de S. Paulo. “I ran to the lawyer and told the whole story. I don’t think they could have done this to me. They could have told my father or my mother. They didn’t help me at all.”

The decision adopted on August 24, signed by the judge of the 1st civil court of the judicial district of Nova Friburgo, Marcus Vinicius Miranda Gonçalves da Silva de Mattos, provided that the case had already expired and that, at the time, there was a “notorious diffusion universality of the artistic work”.

The magistrate also acknowledged the arguments of the singers’ defence, according to which the two are only responsible for the songs. The publication of the photos on the covers of “LPs and CDs”, on the other hand, is the responsibility of the record company.

The defense of Cacau and Tonho announced that they will appeal against the decision and specified that “the prescription is renewed with each new edition, publication, announcement”. According to him, the infringement of image rights occurs whenever the disc is used, without authorization, “in communication and sales channels, including music streaming”.

The Justice of Rio de Janeiro has also established that Cacau and Tonho will have to pay the costs of the defendants’ lawyers.

Source: Terra

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