Joaquín Sabina Sues Mastercard and Oriental Bank Over Unauthorized use of His Image in Puerto Rico Concert Promotion
Spanish singer and poet Joaquín Sabina has filed a lawsuit against Mastercard and Oriental Bank for allegedly including him illegally in an advertising campaign promoting his upcoming concert in Puerto Rico. The legal action,presented by Edwin Prado,the legal representative of Sabina and his team,was filed in the Court of First Instance of San Juan.The lawsuit stems from the unauthorized use of sabina’s name and image in the campaign titled ‘Experience Joaquín Sabina’, launched by Oriental Bank & Trust and Mastercard international Incorporated.According to the legal document,this constitutes a violation of the artist’s image and advertising rights under Puerto Rico’s Law on the Image Itself (Law No. 139 of July 13, 2011).”The artist and his management reserve the right to choose their sponsor (sponsors),” said Prado, who has represented other high-profile artists like Daddy Yankee and Vico C.
The controversy began in mid-January when advertising materials related to Sabina’s concert, scheduled for March 4 as part of his farewell tour ‘Sabina, hello and Goodbye’, appeared across Puerto Rico. These materials falsely implied that Oriental Bank and Mastercard were official sponsors of the event.
On January 24, Prado sent a “cease and desist” letter to the defendants, demanding an immediate halt to the unauthorized use of Sabina’s image. However, five days later, the advertisements remained publicly visible.
“This action constitutes a rare violation of the provisions of the Law on the image Itself, as well as the right of advertising recognized in our legal system,” the lawsuit states. “according to the aforementioned law, Mr. Joaquín Sabina has the exclusive right to the commercial use of his image, which includes his name, image, and likeness.”
The concert, initially planned for the Coliseum of Puerto Rico—where Mastercard has an exclusive area—was later moved to the Coca-Cola Music Hall. In their defense, Mastercard claimed they were unaware of the venue change and believed they had the right to sponsor the event due to their existing partnership with the Coliseum.
Sabina and the other plaintiffs, including producer César Sainz’s company LVR Forever LLC and Sabina’s management firm Fine Overseas, SL, are seeking financial compensation of no less than $100,000, equivalent to the estimated value of the sponsorship, and also damages for moral and reputational harm.
Key Points of the Lawsuit
Table of Contents
| Aspect | Details |
|————————–|—————————————————————————–|
| Plaintiffs | Joaquín Sabina,LVR Forever LLC,Fine Overseas,SL |
| Defendants | Mastercard,Oriental Bank & Trust |
| Legal Basis | Violation of Puerto Rico’s Law on the Image Itself (law No. 139) |
| Campaign in Question | ‘Experience Joaquín Sabina’ |
| Compensation Sought | $100,000 (minimum) for unauthorized use of image and damages |
| Concert Details | March 4,2025,at Coca-Cola Music Hall,part of Sabina’s farewell tour |
This case highlights the importance of protecting an artist’s image rights and the legal consequences of unauthorized commercial use. As Sabina continues his farewell tour, this lawsuit serves as a reminder of the complexities surrounding celebrity endorsements and sponsorships.
For more updates on this developing story, stay tuned to our coverage.
joaquín Sabina’s Legal Battle: Protecting Image Rights in the Era of Celebrity Endorsements
Spanish singer and poet Joaquín Sabina has filed a lawsuit against Mastercard and Oriental Bank for the unauthorized use of his image in a concert promotion campaign in Puerto Rico. The case sheds light on the complexities of protecting an artist’s image rights and the legal ramifications of unauthorized commercial use. We sat down with carlos Martínez, a leading intellectual property attorney specializing in celebrity endorsements, to discuss the implications of this lawsuit and its significance in the entertainment industry.
Understanding the Legal Basis of Sabina’s Lawsuit
Senior Editor: Carlos, can you start by explaining the legal framework behind Joaquín Sabina’s lawsuit against Mastercard and Oriental Bank? Specifically, how does Puerto Rico’s law on the Image Itself come into play?
Carlos Martínez: Absolutely. Puerto Rico’s Law on the Image Itself, also known as Law No. 139, grants individuals exclusive rights to the commercial use of their image, name, and likeness. This means that no entity can use an individual’s image for promotional or commercial purposes without explicit consent. In Sabina’s case, the lawsuit argues that Mastercard and Oriental Bank violated this law by running a campaign titled ‘Experience Joaquín Sabina’, which falsely implied their sponsorship of his concert. This unauthorized use not only infringes on his legal rights but also undermines his ability to control how his image is associated with brands.
The Implications for Celebrity Endorsements
Senior Editor: This case seems to highlight the broader issue of protecting an artist’s image in the context of endorsements. How does this lawsuit set a precedent for similar cases in the future?
Carlos martínez: It’s a important case because it underscores the importance of clear agreements and permissions in celebrity endorsements. Artists, especially high-profile ones like Sabina, have significant commercial value tied to their image. Unauthorized use can lead to reputational harm and financial losses. This lawsuit serves as a reminder to corporations that they must obtain explicit consent before associating a celebrity’s image with their brand. It also reinforces the need for artists and their management teams to vigilantly monitor how their image is being used, especially in the digital age were campaigns can go viral quickly.
The Role of Sponsorship in the Entertainment Industry
Senior Editor: The defendants, Mastercard and Oriental Bank, claimed they believed they had the right to sponsor the event due to their existing partnership with the Coliseum of Puerto Rico. How does this defense hold up legally?
Carlos Martínez: Their defense is weak as sponsorship agreements are specific to the parties involved and the terms outlined in the contract. just because Mastercard has a partnership with the Coliseum doesn’t automatically grant them rights to sponsor Sabina’s concert, especially when the venue changed to the Coca-Cola Music Hall. Sponsorship rights are not transferable unless explicitly stated in the agreement. In this case, Sabina and his team had not authorized Mastercard or Oriental Bank to use his image, making their campaign a clear violation of his rights under Puerto Rico’s Law on the Image Itself.
Potential Outcomes and Industry Impact
Senior Editor: Sabina and the plaintiffs are seeking a minimum of $100,000 in compensation and damages. What are the potential outcomes of this lawsuit, and how might it impact the entertainment industry?
Carlos Martínez: If the court rules in Sabina’s favor, it could set a strong precedent for holding corporations accountable for unauthorized use of an artist’s image. The financial compensation sought reflects the estimated value of the sponsorship, which highlights the commercial stakes involved. Beyond the monetary aspect, this case could lead to stricter enforcement of image rights and more robust legal protections for celebrities. It also emphasizes the need for artists to work closely with legal experts to safeguard their image and ensure that any endorsements align with their brand and values.
final Thoughts: Lessons Learned
Senior Editor: As we wrap up,what are the key takeaways from this case for both artists and corporations?
carlos Martínez: For artists,this case underscores the importance of vigilance and proactive management of their image rights. It’s crucial to have legal safeguards in place to prevent unauthorized use and to act swiftly when violations occur. For corporations, the lesson is clear: always seek explicit consent before using a celebrity’s image in any campaign. Clarity and respect for an artist’s rights are not just ethical but also legally required. As the lines between endorsements and advertising blur, this case serves as a crucial reminder of the legal and ethical responsibilities involved in celebrity partnerships.
Thank you, Carlos, for your insightful analysis. For our readers, this interview highlights the complexities of protecting image rights and the legal implications of unauthorized commercial use. Stay tuned to World Today News for further updates on this developing story.
