“Socalj” for Borderland Beat
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In a decision that opens the legal path to a possible multi-million dollar royalties payment, the Mexican Institute of Industrial Property (IMPI) determined that Telemundo used the image of the ‘Queen of the Pacific’ without her permission, as part of the promotion of the successful telenovela “La Reina del Sur.”
The IMPI resolution puts an end to the debate regarding whether Telemundo took advantage of the image of Ávila Beltrán as a way to attract attention to the telenovela. Ávila Beltrán has pointed out that the character of Teresa Mendoza, played by Kate del Castillo, is inspired by her life and that the television network, aware of this circumstance, broadcast a video in its newscast on April 19, 2019, where they used pictures of her to promote the second season of the telenovela.
At first glance, the judgment imposed by IMPI on the media company seems very small. It is about 5 million pesos or about $280,000. That figure is very minimal for the profits of the multi-million dollar show and its US spinoff.
Being one of the most successful telenovelas in the world, and a ratings leader in Mexico and the United States, the defense estimates that it has generated profits that could reach $300 million. Ávila Beltrán claimed the improper use of her image, in violation of the Federal Copyright Law.
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The Mexican Institute of Industrial Property (IMPI) determined that “Telemundo Network Group, LLC has committed the commercial infringement provided for in section II of article 231 of the Federal Copyright Law, having used the image of Sandra Ávila Beltrán, an applicant for the infringement, without authorization and for indirect profit.”
Although the procedure that Ávila Beltrán initiated in January 2022 also pointed to Netflix México as responsible for the same infraction, the IMPI concluded that there is no evidence that the streaming platform was the company that improperly used the image of the affected person.
The IMPI also imposed a fine on Telemundo of 448,100 pesos or $25,000.
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| Sandra during her 2015 release. |
Telemundo’s Defense
Telemundo Network presented different allegations, among which it highlighted that the photographs used in a promotional video for the second season of the series were merely for informational and journalistic purposes and that, moreover, they had been taken in public places.
