Talk:Heloísa Pinheiro
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[edit] Biography assessment rating comment
The article may be improved by following the WikiProject Biography 11 easy steps to producing at least a B article. -- Edofedinburgh 00:08, 28 March 2007 (UTC)
[edit] Lawrence Siskind quote
Though the controversy over ownership of the name certainly should be mentioned, this article does seem a bit one-sided. In particular, the Siskind article is quoted a bit selectively. Ironically, the article in its entirety makes the point that Pinheiro was wrong -- she can not and should not have intellectual property rights to the name, insofar as intellectual property law (as expressed through copyright) covers expression (i.e., the title and lyrics of the song), not ideas (the beauty and inspiration that created it). --Paul Richter 22:35, 24 Jun 2004 (UTC)
- The article argues that Pinheiro was wrong. IANAL but have long worked in the intellectual property area for various reasons. I don't know the details of the suit, but apparently Pinheiro was only trying to use the name Garota de Ipanema on a boutique. AFAIK, she was not asserting general IP rights to the name; i.e., if she had been suing the composer's estates for a share of royalties. Copyright law does not cover a name or phrase; that is trademark law, and even so, trademark law tends to be restrictive as to usage, espeically when the name or phrase has generic meaning. You can have Cadillac automobiles and Cadillac dog food. I have to believe that Brazil law is either different than most international practice, or that the courts are especially protective of those with money or power, or that Helo had a really crappy attorney.
- Siskind asserts that the composers might just as well have been inspired by the beach at Ipanema or even the beer they were drinking; the name of the song is not The Beer from Ipanema or The Beach of Ipanema. The composers used her persona, and for the heirs to their estates to sue her for simply using the phrase for a boutique is a short course on why people hate lawyers. -- Cecropia | Talk 03:09, 25 Jun 2004 (UTC)
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- It wasn't my intention to get into a discussion of copyright/trademark law. I just think that the choice of the Siskind article seemed strange: at best irrelevant, and seemingly a misguided attempt to put a pro-Pinheiro POV by selectively quoting from an article that was in fact anti-Pinheiro.
- The controversy is amply explained in the second paragraph with the facts. The quote adds nothing. --Paul Richter 12:29, 26 Jun 2004 (UTC)
[edit] Lawsuit
In 2001, Pinheiro, who had opened a jewelry and clothing boutique called Garota de Ipanema (Girl from Ipanema), was sued by Jobim and Moraes' heirs, who argued that she had no right to use the copyrighted phrase. She argued in response that Jobim and Moraes, while alive, had always allowed her to freely use the label. She also suggested that Jobim's widow was jealous of her. I've been unable to find any news on the resolution of the case. Anybody know anything? Fan1967 00:48, 8 April 2006 (UTC)
