″Diogo Santos does not intend to receive what is paid to Messi″

Footballer demands compensation for “abusive” use of his image in FIFA games

Portuguese footballer Diogo Santos has filed a lawsuit against the US company that develops and supplies FIFA electronic games, asking for compensation for the “improper and abusive” use of his image.

In the action, which was filed in the Braga Court, Diogo Santos asks for compensation in excess of 53,900, plus interest, for property and non-property damage.

It alleges that the company Electronic Arts Inc., based in California, United States of America, uses, without its authorization, its name, its image and its personal and professional characteristics in the video games it produces, called FIFA 2019 and FIFA MANAGER 2010, 2011, 2012, 2013 and 2014.

He also says that “he never gave express authorization, or even tacit authorization, to anyone”, to be included in those electronic games.

Currently 37 years old, Diogo Santos is from Vila Franca de Xira and lives in Fão, Esposende, having played for FC Felgueiras in the last season.

He has already passed through Académico de Viseu, Santa Clara, Famalicão, Oliveirense, Arouca and Gil Vicente, having also defended the colors of Brasov, from Romania.

In the action, Diogo Santos says he had access to news that Electronic Arts pays “a real fortune to some players, as is the case of Lionel Messi, who receives 50 million American dollars to appear in their games” .

“The author [Diogo Santos] does not intend to receive what is paid to Lionel Messi, but such news proves that the amount requested, considering the economic capacity of the defendant [empresa] and what she pays some players is very modest,” the suit says.

The lawsuit also emphasizes that the games have an annual release, which implies the payment of the sum of 6,000 euros per appearance in each game, “which is even scarce because it is a remuneration for the annual use of the image of a professional football player. first division in Portugal”.

The action was filed in the Braga Court, which in September 2021 considered itself “internationally incompetent” to appreciate and judge it.

The footballer appealed to the Court of Appeal, which confirmed the decision of the first instance, and then to the Supreme Court of Justice (STJ), which gave him reason, determining the continuation of the process.

In a ruling of 24 May, consulted today by Lusa, the STJ states that “the courts of the country where the finds the center of interests of the injured party during the period in which the damage caused by that offence occurs”.

“Portuguese courts are internationally competent to decide an action in which a professional football player who predominantly exercised his activity in Portugal seeks compensation for damages caused by the non-consented use of his name and image in FIFA video games produced in the United States of America and disseminated throughout the world”, adds the Supreme.

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About Banner Leon

Videogames entered his life in the late '80s, at the time of the first meeting with Super Mario Bros, and even today they make it a permanent part, after almost 30 years. Pros and defects: he manages to finish Super Mario Bros in less than 5 minutes but he has never finished Final Fight with a credit ... he's still trying.

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