Photographer's Estate Files Copyright Lawsuit Against Pelé Soccer Brand Over Iconic 1965 Image

The estate of Brazilian photographer Alberto Ferreira has initiated legal action against the lifestyle brand Pelé Soccer, alleging unauthorized use of Ferreira's iconic 1965 photograph depicting soccer legend Pelé executing a mid-air bicycle kick. The lawsuit, filed in March in the Southern District of New York, claims the brand reproduced the image on merchandise such as T-shirts without obtaining proper licensing. Ferreira's son, Antonio Carlos Ferreira Lima, manages the estate, which has historically licensed the photograph to various parties. The image captures a pivotal moment from a 1965 friendly match between Brazil and Belgium, where Pelé scored three goals in a 5-4 victory. Although the photograph is not registered with the U.S. Copyright Office, it is protected under the Berne Convention, to which both Brazil and the United States are signatories, granting automatic copyright recognition. The complaint includes allegations of copyright infringement and violations of the Digital Millennium Copyright Act, with potential damages reaching $150,000 per infringement. Pelé Soccer, established in partnership with Pelé before his 2022 passing, operates retail locations in New York City, Anaheim, Miami, and Orlando. The estate seeks an injunction to halt further sales using the image and monetary compensation for profits allegedly derived from its unauthorized use. According to the filing, the estate notified the brand in March about the infringement, but the company reportedly continued using the photograph despite communication. This case highlights ongoing issues of intellectual property rights in the commercialization of historical sports imagery.