Appearance of two seconds in a documentary does not generate compensation

In a documentary, especially if it portrays historical facts, such as high-profile crimes, there is an informative purpose. Therefore, only the degrading use of someone’s unauthorized image generates the duty to compensate.

The author of the action appeared in a documentary about the murder of Daniella Perez (left), daughter of soap opera author Glória Perez

With this understanding, the 3rd Panel of the Superior Court of Justice dismissed the special appeal of a person who requested compensation of R$100,000 from HBO for the use of his image in a documentary about the murder of actress Daniella Perez.

The lawyer, João Pedro Bitelli.

The author of the action was part of an evangelical community that welcomed Guilherme de Pádua, the murderer of Daniella Perez, after serving his sentence.

He expressly authorized the publication of his image for a report on open television. HBO used this image in the documentary, showing the author’s figure for just two seconds.

The Court of Justice of Minas Gerais dismissed the conviction of the documentary’s producer because there was no proof that the appearance of the author had in any way increased the commercial value of the work.

“So much so that if his image were deleted, there would be no change in the documentary, and especially, its profit potential”, justified the TJ-MG. The 3rd Panel of the STJ maintained this conclusion by unanimous vote.

Freedom of documentary

Rapporteur of the special resource, Minister Nancy Andrighi pointed out that the right to freedom of information, including in documentaries, must be exercised with truth, relevance and care.

In short, the exercise of the right to freedom of the press is considered legitimate if the content transmitted is true, of public interest and does not violate the personal rights of the individual reported.

For the minister, these duties were achieved in the documentary. As he addressed a crime that caused national commotion, its disclosure is in the public interest, with relevance to the content produced.

Two seconds of fame

Furthermore, the exposure for two seconds did not cause any damage to the author’s image, as the mere appearance next to Guilherme de Pádua is not enough to associate him with the crime.

The author “appears in the documentary in an accidental or supporting role, with no prominent or prominent role, either due to his limited screen time or the lack of further information about him, as his name was not even disclosed”, wrote the rapporteur.

According to Minister Nancy, this is not about extending the authorization given by the author for the TV report to HBO, but about recognizing the non-existence of violation of image rights.

“It draws attention to the fact that the appellant authorized the same image to be circulated on a wider network, which contradicts his allegation that the scene would untruely link him to Guilherme de Pádua”, concluded the rapporteur.

Click here to read the ruling
REsp 2.214.287