The Argentine Football Association (AFA) used and intervened photos of Diego
Maradona
taken by
Dani Yako
in the
1986 World Cup,
without his
authorization
,
payment
or
credit
, for which he now faces a
copyright lawsuit.
After the failure of a conciliation hearing between the parties, the case is still pending in Civil Court No. 39, led by Judge María Victoria Pereira.
The images that gave rise to the lawsuit are the one that shows
Maradona celebrating the second goal in the match with England, very famous,
and the third one that the Ten scored against the
German team
.
Dani Yako.
In a talk at the Ñ stand at the Book Fair.
Photo: Clarín archive
The AFA
used and intervened without authorization and without giving credit
the two images that
Yako
, former head of Photography at
Clarín
, took when he worked for the
Diarios y Noticias (DyN) agency
, as he himself pointed out.
Maradona for Yako.
An icon of the 86 World Cup. Courtesy Dani Yako
The AFA used one of the photos for a digital campaign for
Footballer's Day
and the other for a tribute to Maradona on October 30, his
birthday
, 2021.
Yako said that he saw a
photo of his "goal of the century"
used by the AFA in 2022, that he called them and that they mistreated him: they told him that he should feel
"proud."
Digital campaign.
Dani Yako sues the AFA
In legal terms, the AFA had alleged, among other things, that they made
"new"
works with
Photoshop
, for example, by deleting some characters from the original images.
Celebration.
Maradona by Dani Yako in the 86 World Cup. Courtesy Dani Yako
Yako's witnesses, represented by lawyer Elba Marcovecchio, are the photographer
Adriana Lestido
and the journalists
Martín Caparrós
and
Ezequiel Fernández Moores
, who worked with Yako at the DyN agency.
According to
Law 11,723
, the term of protection of economic rights over photos is
20 years
from publication.
Meanwhile, "moral or attribution" rights are for life and up to
70 years after the death of the author.
Law 11,723, which also protects the copyright of writers, artists and musicians, is joined by the
Berne Convention for the Protection of Literary and Artistic Works
and
the World Intellectual Property Organization
(WIPO) Treaty on Law of Author, ratified by Argentina.
J.S.