Hollywood studio has to compensate Brazilian surfer for appearing in the scene of “Jurassic World: The Endangered Kingdom” (Photo: Reproduction/ YouTube; Instagram)
The São Paulo court ordered Universal Pictures Brasil to pay compensation to Brazilian surfer Felipe Cesarano for the unauthorized use of his image in the 2018 film “Jurassic World: The Endangered Kingdom.” The information was published this Wednesday (27) by UOL. The decision stipulated that the film studio must pay an amount of R$25,000.
Although the image was used by Universal Studios, Universal Pictures Brasil is responsible for the broadcast and exploitation of the film in Brazil. Cesarano is a surfer who specializes in big waves that can reach 21 meters in height. A shot of him surfing at Jaws Beach in Hawaii in 2016 was included in the film. The moment even appeared in the trailer. Check it out below:
“It was hard to believe that a producer of the stature of the defendant would have taken such a stance,” lawyers Antonio Carlos Amorim and Felipe Amorim, representing the surfer, said in court. “They didn’t even bother to change the color of Felipe’s board. The only difference may be the version of a dinosaur running towards him, in which he is almost eaten and devoured,” they explained.
Universal Pictures Brasil claimed in the defense submitted to the court that the scene “allegedly containing the image of Cesarano” was only four seconds long. The studio also said the image would not have any prominent meaning or relevance to the film. “Given the distance, the focus, the many elements that make up the scene, and its short duration, it is not possible to positively identify the author [do processo] at no point, neither in the film itself nor in its advertising,” he argued.
According to the company, the film was never commercially exploited based on the athlete's identity. Nevertheless, Judge Guilherme Santini Teodoro disagreed with the argument and declared that the surfer's image rights had been violated. “No one can appropriate someone else’s image,” he said.
The judge emphasized that Cesarano was recognized in the film by people from the sports world. Furthermore, a forensic examination revealed that it was him at the crime scene. The studio can still appeal. Interest and currency corrections have also been added to the amount of R$25,000 since production began in Brazil.