Joaquín Sabina Sueses Mastercard and Oriental Bank Over Unauthorized Sponsorship
Spanish singer-songwriter Joaquín sabina is taking legal action against Mastercard and Oriental Bank in Puerto Rico. Sabina, along with producer César Sainz and his company LVR Forever LLC, filed a lawsuit alleging the financial institutions illegally used his name and image in promotional materials for a concert scheduled for March 4th in Puerto Rico.
The lawsuit, filed in the San Juan Court of First Instance, claims that Mastercard and Oriental Bank violated SabinaS rights of publicity and image by using his likeness in their “Experiencia joaquín Sabina” campaign without permission.
Edwin Prado, the legal representative for Sabina and the other plaintiffs, emphasized that the artist and his management have the exclusive right too choose sponsors for his tours. Prado, who has also represented artists like Daddy Yankee and Vico C, stated that despite a cease and desist letter sent to Mastercard and Oriental Bank on January 24th, the unauthorized advertisements continued to appear.
The lawsuit argues that the financial institutions’ actions constitute a violation of Puerto Rico’s Law on the Right to One’s Own Image (Law No. 139 of July 13, 2011), which grants individuals exclusive rights to the commercial use of their image, including their name, likeness, and appearance.
The concert, part of sabina’s farewell tour “Sabina, Hola y Adios,” was initially scheduled for the Coliseo de Puerto Rico, which houses a Mastercard exclusive lounge. Though, the venue was later changed to the Coca-Cola Music Hall.Mastercard, in response to the lawsuit, reportedly claimed they believed they had the right to sponsor the concert due to their exclusive lounge at the original venue and were unaware of the change in location.
sabina and his legal team are seeking a minimum of $100,000 in damages, representing the estimated value of the unauthorized sponsorship, along with compensation for moral damages and harm caused by the infringement.
When Money Talks: Joaquín Sabina Sues Mastercard Over Unauthorized Sponsorship
Time.news Editor (TNE):
We’re seeing a fascinating case unfold in Puerto Rico: Spanish singer Joaquín Sabina is suing Mastercard and Oriental Bank for unauthorized use of his image in a concert promotion. Edwin Prado, his legal representative, claims that they used Sabina’s likeness in their “Experiencia joaquín Sabina” campaign without permission, violating Puerto Rico’s Law on the right to One’s Own Image. Can you shed light on the legal implications of this case and what it means for the entertainment industry?
Intellectual Property Expert (IPE):
TNE: This case highlights the crucial importance of rights of publicity in the entertainment industry. These rights grant individuals, like celebrities, exclusive control over the commercial use of their name, image, and likeness. When a company like Mastercard uses a celebrity’s image without consent,it’s a clear violation of these rights,perhaps leading to meaningful legal consequences.
TNE: What makes this case particularly fascinating is that Sabina is seeking damages not just for the financial value of the unauthorized sponsorship but also for moral damages. How common is it for artists to seek this type of compensation?
IPE: Seeking moral damages is becoming increasingly common in cases involving infringement of publicity rights. It reflects the growing recognition that unauthorized use of an individual’s image can cause emotional distress and damage their reputation. Artists, particularly those with strong public profiles, are increasingly vocal about protecting their image and seeking compensation for the intangible harm caused by its misuse.
TNE: So, what advice would you give to artists and their teams to protect their rights in this age of digital marketing and social media?
IPE:
draft thorough agreements for all sponsorships and endorsements: these agreements should clearly outline the scope of permission granted, the duration of use, and the specific ways in which the artist’s image can be utilized.
Register trademarks for your name and likeness: Trademarks provide legal protection against unauthorized use in commerce.
Monitor your online presence: Stay vigilant about the unauthorized use of your image online. Be prepared to take swift legal action if necessary.
Educate yourself and your team about your rights: Understand the legal framework surrounding publicity rights and consult with experienced attorneys to ensure your interests are protected.
TNE: This case serves as a powerful reminder that celebrities and artists have just as much right as anyone else to control how their image is used. Thank you for your insights.
