![]() For instance, the Provincial Court of Madrid granted moral compensation in a case of unauthorized use of images in a documentary about the Spanish region of Castilla y León (SAP Madrid, Sec. We find similar cases where the courts ruled over moral damage regarding the unlawful use of audio-visual works. 14 LPI, it seems advisable to follow the criteria offered by the honour and image rights legislation in connection with the contents of Art. Spanish scholars understand that, in situations affecting moral rights included in Art. 9.3 Ley Orgánica 1/1982, de 5 de mayo, sobre protección civil del derecho al honor, a la intimidad personal y familiar y a la propia imagen). We find an analogy with the existing provisions in the Spanish Honour and Image Rights Law, which connects the quantification of a compensation “to the circumstances of the case and the severity of the injury committed, for what will be considered, if necessary, to what audience was the damage spread and the means used to do it.” (Art. ![]() That means the court should address the specific circumstances of each case to determine the amount. ![]() Considering that the concept is purely subjective, it is not possible to use a set of general rules with pre-established parameters. It cannot be another way, as the indeterminacy of the concept does not allow pre-setting an effective system of calculation for its determination. The contents of the Article are only a guideline for the evaluation of moral damages.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |