Galería Cima, the capital’s showcase of contemporary art and that since the social outbreak has been transmitting the demonstrations in Plaza Italia, filed a lawsuit against Channel 13 on May 24 demanding compensation of $ 1,268 million pesos. This, for transmitting without authorization the recordings of the camera installed in Calle Merced No. 22, 11th floor, in the commune of Santiago.
The millionaire amount is due to the fact that the signal controlled by the businessman Andronicus Luksic committed 12 alleged infractions of the Intellectual Property Law No. 17,336. Each fine reaches a maximum of 2,000 UTM ($ 105,684,000).
“Channel 13 must cease the illegal use of Cima’s webcam feed, it must eliminate from its archive all the reproductions it made of the work, especially those in which it edited the image to erase or hide the Cima logo, both of its television platforms, such as their social media accounts and web pages, ”the lawsuit says.
In the text they also accuse that Channel 13 contacted “on various occasions” with the gallery’s administration to request authorization for the use of the images. Despite the negative response, the signal also occupied the records.
In addition, they argue that the “serious infractions committed by Channel 13 had very relevant consequences: from being contacted by several people to express their disappointment to its founders because they had given it access to a traditional means of communication, to the loss of trust of artists and sponsors”
The latter “did not understand how it was possible that the gallery had agreed to give access to its contents to a company that, in many ways, represents everything that Cima considers exactly opposite to its own existence, not counting the loss of business and sponsors”, they added.
Galería Cima was founded at the end of 2016 by the artist and cultural manager Trinidad Lopetegui and his partner, the musician Sebastian Rojas.
Regarding the claim, the lawyer representing the signal, Andres Grunewaldt, stated in the answer that “it is worrying that the plaintiff seems to seek to take advantage of the situation, demanding an unreal, disproportionate and exorbitant amount as compensation, which has no justification, which 4 will undoubtedly lie in an enrichment without cause in case of being granted ”.
“Cima only affirms that as a result of the actions of my client, he suffered a loss of clients, artists, loss of business and sponsors in a generic way, without even exemplifying a single case of them. In this way, the existence of damage has not been proven, nor that it is real and true ”, he added.
