30 MILLION US DOLLARS COMPENSATION …
… have been claimed by soccer star Pelé for violation of his personality rights in a Samsung ad, which, oddly, he is not even seen in . However, the claim is legitimate! As we previously reported (see > here), all personal rights need to be cleared, even if a double is used or if a typical symbolic action is reproduced (in Pelé’s case: his famous side scissors kick).
Clearing all rights for any possible usage in any corner of the world is a very challenging task, and therefore seldom offered by footage companies. Many exclude responsibility for personal and other third party rights in their contracts and GTCs.
This means that footage buyers might have to clear third party rights themselves and consequently bear any liability for the usage. Depending on the country or even the continent and its corresponding jurisdiction, lawsuits can quickly become very unpleasant and costly..
Whether or not the high sum of Pelé’s claim for damages is justified, has to be determined by the courts. But one thing is certain: Samsung and the advertising agency could have prevented high costs, extra efforts, loss of not only reputation but most likely some of their employees, had they thought about rights clearance right from the start.
Within the 15 years since founding Framepool, we have always made a point of clearing all necessary usage rights, or of backing the footage usage with an indemnification insurance. We are proud to say, that this insurance has never gone into action and that we have continuously been able to protect our clients and filmmakers from legal claims. An effort we plan to carry on in the future.