The decision of the Court of Justice of Rio de Janeiro strengthens the social function of art and marks a new chapter in the singer’s path
The singer Paolo Toller obtained a significant victory in court guaranteeing the right to use songs composed in collaboration with the musician Lions in a video commemorating his 40-year career. The decision was issued by 16th Section of Private Law of the Court of Justice of Rio de Janeirowhich confirmed the first instance sentence and rejected the appeal presented by Leoni. The case reignites the debate on the limits of Copyright law and the importance of reasonableness in the application of artistic legislation.
The impasse began when Lions he refused to authorize the use of seven songs in the show Amorosa – 40th anniversary tourrecorded live at Rio de Janeiro and scheduled to be released in audiovisual format. Among the banned songs were classics such as Intimate painting AND As I wantwhich marked the partnership between the two artists in the 80s, when they were part of the group Kid Bee and the wild pumpkins.
Lions he justified his refusal on the basis of art Copyright lawarguing that, as co-author of the works, he had the right to prevent their use without the need to provide justification. Paolo Tollerin turn, he argued that the refusal was not legally sustainable and was linked to personal disagreements and previous quarrels between the two musicians.
The rapporteur of the case, judge Carlos Gustavo Direitohighlighted in his vote that a literal interpretation of the legislation would give one of the authors an absolute veto power, which goes against the principle of reasonableness and compromises the social function of the art. According to him, no harm to Leoni has been proven and preventing Paula from performing songs that are an essential part of her artistic career would be a disproportionate measure.
The decision also rejected Leoni’s attempt to compare the case to another lawsuit filed by Paula Toller
The decision also rejected Leoni’s attempt to compare the case to another lawsuit filed by Paula, in which she accused him of using the song Intimate painting in an unauthorized political parody. The court understood that the situations were different and that the context of the memorial visit justified the use of the compositions.
With the favorable ruling, Paolo Toller You will be able to include the songs in the tour video and make them available on digital platforms, celebrating your career with the complete repertoire that has marked generations. Leoni, in addition to the rejection of the appeal, was sentenced to pay legal costs and any compensation.
The victory of Paolo Toller not only guarantees the use of songs in their artistic celebration, but also establishes a relevant precedent for similar cases, where the balance between individual rights and the collective interest in the preservation of art must prevail.
*use of artificial intelligence in research on the topic
Source: Terra
Earl Johnson is a music writer at Gossipify, known for his in-depth analysis and unique perspective on the industry. A graduate of USC with a degree in Music, he brings years of experience and passion to his writing. He covers the latest releases and trends, always on the lookout for the next big thing in music.
