In the case at hand there was a conflict due to the use of a work of art in the famous Spanish television programme “El Hormiguero” without the corresponding authorisation of the author. The work was used in a humorous section of the programme in the context of the apartment of a dirty and untidy person. In several of the shots, the work appeared prominently, behind the characters. The co-defendants were ordered to cease all acts of exploitation of the work and to compensate the author for the infringement of her intellectual property rights, including moral rights.
Case date: 11 February 2022
Case number: ECLI:ES:APM:2022:1864
Court: Provincial Court of Madrid
A full summary of this case has been published on Kluwer IP Law.