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Portuguese advanced with lawsuits for “abusive” use of his image in FIFA games


Portuguese footballer Diogo Santos has filed a lawsuit against the U.S. company that develops and supplies FIFA electronic games, demanding compensation for the “bad and abusive” use of his image.

PORTUGUESE DEMAN PRECEDOR 54 THOUSAND EUROS

In the action, which was filed in the Braga Court and which Lusa had access to today, Diogo Santos demanded compensation in excess of 53,900, plus interest, for property damage and non-property damage.

He alleges that the company Electronic Arts Inc., based in California, United States of America, uses, without his authorization, his name, image and personal and professional characteristics in the video games he produces, called FIFA 2019 and FIFA MANAGER 2010., 2011, 2012, 2013 and 2014.

It also says that “it never gives nobody express authorization, or even tacit authorization”, to be included in these electronic games.

Now 37 years old, Diogo Santos is from Vila Franca de Xira and lives in Fão, Esposende, he played for FC Felgueiras last season.

He has previously passed through the Académico de Viseu, Santa Clara, Famalicão, Oliveirense, Arouca and Gil Vicente, having also defended the colors of Brasov, from Romania.

DIOGO SANTOS KONPARE KA MESSI

In the action, Diogo Santos says he has access to news that Electronic Arts pays “a real fortune to some players, as is the case of Lionel Messi, who receives 50 million Americans to appear in the games”.

“The author [Diogo Santos] does not intend to receive these payments Lionel Messi, but this news proves that the amount requested, considering the economic capacity of the defendant. [empresa] and what it pays some players is very modest, “the lawsuit says.

The action also emphasizes that the games have an annual release, which implies the payment of the amount of 6 thousand euros per appearance of each game, “which is even rare because it is a matter of salary for the annual use of The image of a professional first division footballer in Portugal ”.

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The action was filed in Braga Court, which in September 2021 considered itself “internationally incompetent” to assess and judge it.

The footballer appealed to the Court of Appeal, which upheld the decision in the first instance, and then to the Supreme Court of Justice (STJ), which ruled in his favor, determining the continuation of the process.

By decision May 24, consulted by Lusa this Thursday, the STJ stated that “they are internationally competent to know the merits of a non-contractual civil liability action, for violation of personality rights through worldwide broadcast content, the courts of the country where. the center of interest of the injured person is located during the period when the damage caused by this offense occurs ”.

“Portuguese courts have international jurisdiction to decide an action in which a professional footballer who has the majority exercised his activity in Portugal seeks compensation for damage caused by the use of his name and image without the consent of FIFA video games produced in the United States. around the world ”, adds Supreme.

and LUSA

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