The opening theme of the Brazilian Championship used in Globo’s live broadcasts became the subject of a lawsuit in the Rio de Janeiro Court of Justice. The heirs of maestro José Hareton Salvanini, who died in 2006, claim that he was used without authorization and for years a composition of the musician in football games. In action that runs on the 2nd Corporate Court, the broadcaster and another composer, Aluisio Didier, are defendants.
Hereton de Azevedo Salvanini and Yelris de Azevedo Salvanini Franco, the conductor’s sons, started a battle against Globo and Didier in March 2019. They ask for recognition of copyrights with compensation for moral and property damages for the misuse of their father’s work in a history that began 40 years ago.
Salvanini worked at Globo in the 1980s in the production of several songs and vignettes. During this period, he created the track Futebol Internacional, which was used in the “friendlies of the Brazilian soccer team and international soccer games and remained deposited in the collection” of the broadcaster.
However, in 2016, ten years after the conductor’s death, the professional’s family found that the opening of the Brazilian Championship at Globo resembled one of the family artist’s creations. Therefore, they went after the Association of Interpreters and Musicians, to check the record of the composition they heard in the air.
After a private investigation, they discovered that the author of the work was identified Aluisio Didier, who had worked with his father at Globo. In his hands, the theme for the games was registered as the Brazilian Football Theme.
Not satisfied, the heirs “then proceeded to search the entire musical collection of their father and came across a recording on a cassette tape that brought the original version of the song”. According to the records, on that occasion “there was no doubt that the music used by Rede Globo was a work derived from the original without due prior and express authorization for its alteration and without the mandatory payments for this public broadcasting”.
The plot, which could well be used for a soap opera, continues with a reconciliation between the sons of Salvanini and Didier. In December 2016, they approached the conductor to challenge the exploration of something that did not belong to him. According to the defense, the composer, who at that time was still an employee of Globo, acknowledged the misuse because he was inspired by his colleague’s song for his new creation.
“More than that, there was an express recognition about the ownership of the original artistic creation in favor of maestro José Hareton Salvanini, which culminated in an extrajudicial agreement to assign rights”. To avoid an uproar, Didier paid R $ 70,000 to the heirs regarding the property rights of public execution.
The parties also agreed on the “partial assignment of the patrimonial rights of the derivative work, in favor of the creator of the original work”, that is, they would start to receive payment for the use of the banner from that moment on. However, this did not happen, as Globo changed the theme of opening its football to another track with no connection with the parties.
In the face of all this, the children sued the Justice to claim the unauthorized use of the composition. The initial value of the case is R $ 30 thousand, but only for tax purposes. Once the case is analyzed, the value may increase as the family claims that the production was used for more than ten years.
Now, the case is in the hands of the expert. Justice determined a professional to “verify the existence of a bond that characterizes whether or not the second work originated from the first, whether or not it is a derivative work and whether there is a possible existence of plagiarism”.
Daniel Tatsuo Monteiro, lawyer for the children of Salvanini, explains to the TV News that the case is recognition of the paternity of the trail and indemnity:
Globo simply ran the work. As it was broadcast, you have to answer for that. In the process, she says she signs a contract with Didier, and that he testifies that the works he produces are unpublished. But this is a problem between them and one that should not reach third parties.
“For the heirs of the creator of the original work, they have to pay for misuse”, he concludes. Sought, the broadcaster said it did not comment on cases sub judice. Didier’s defense did not return to the report’s contacts.
Check and compare reproduction of the original audio with a 2016 video:
Watch a video from 2016 in which Globo uses the similar track: