Farm is ordered to pay R$20,000 for misuse of actress's image in Instagram campaign

The 2nd Private Law Chamber of the Court of Justice of Rio de Janeiro decided that the fashion brand Farm should be ordered to pay compensation to actress Jessica Ellen in the amount of R$20,000, for moral damages, due to the unauthorized use of her image for commercial purposes on Instagram.

Image/reproduction: Jéssica Ellen — Photograph: Chico Cerchiaro

The case arose from the brand's reposting of a photo of the actress wearing a Farm garment. The post was made on the company's official Instagram profile without any formal authorization. At the time, Jessica Ellen was starring in the soap opera Amor de Mãe, and her team believed the image had been exploited to promote the brand's products.

After the post, the company removed the content and initially offered a R$1,000 gift card and then a settlement of R$18,000, both proposals being rejected. The brand's defense argued that the post was posted for less than two days and that there was no direct commercial purpose, as the dress worn was not available for sale in Brazil. It also maintained that it had not profited from the post.

Nevertheless, the Rio de Janeiro Court of Justice ruled that the posting of the image on the brand's official channel for promotional purposes constituted misuse for economic gain. The rapporteur emphasized that image protection, according to Brazilian law, is both moral and patrimonial in nature, and that even without proof of direct profit, there is a duty to compensate, based on Superior Court of Justice (STJ) Summary 403.

In addition to compensation for moral damages, the panel also recognized the right to compensation for material damages, an amount that will be determined in the settlement of the judgment and should correspond to the fee the actress would receive for an advertising campaign of the same size.

In law, the use of an image without prior authorization, especially in commercial contexts, is a major source of litigation. Brands, influencers, and agencies must adhere to clear legal criteria for any marketing campaign to avoid civil liability and damage to the company's reputation.

Authorization for image use must be express, with the purpose, duration, and conditions clearly established in a contract. Even if the publication appears "spontaneous" or derived from reposts, placement on the brand's official channels requires due diligence and legal support.

Therefore, we emphasize: in fashion, where image is a strategic asset, specialized legal support is essential. From drafting image contracts to analyzing advertising campaigns, legal advice prevents conflicts and protects the interests of the brand and its stakeholders.