The First Chamber of the Supreme Court of Justice of the Nation (SCJN), has ruled in favor of Gael García Bernal in a case against the whiskey brand Johnnie Walker, which used his image without authorization in the advertising campaign called “Caminando con Giants”. 

It should be remembered that, in 2013, the actor sued the liquor distribution company, arguing that in the aforementioned campaign 22 spots had been issued between September and October 2011 where his image was usedwithout his consent, which is why he requested compensation. 

However, Diageo México appealed the initial sentence and began a long legal dispute claiming that the spots were not used for commercial purposes, but as a way to encourage the public, since “Walking with Giants” showed stories of people who have achieved their dreams. 

In this regard, the SCJN rejected the arguments and explained that the Law protects the authors of a work and any person whose image is commercialized without their consent. 

Thus, the ministers submitted for consideration the constitutionality of the first paragraph of article 216 bis of the Federal Copyright Law, which stipulates the compensation to be paid for damages, in addition to article 231 of the Federal Copyright Law,which establishes asground for commercial infringement, the use of a person’s image without his or her authorization or that of his successors in title. 

Under these precepts, the First Chamber of the high court considered that it is constitutional to establish compensation for damages of at least 40% of the price of the sales derived from this advertising strategy. Now the case tried by the Court, goes to the court of origin for a new sentence to be issued based on last week’s ruling. 

Thus, García Bernal sets a precedent, so that artists who are in the same situation can take refuge in the Federal Copyright Law and can request acompensation for the improper use of their image.