DZP represents Quebonafide in disputes over infringement of personal rights

DZP has successfully represented Kuba Grabowski, the artist known by his stage name Quebonafide, and the record label QueQuality in court proceedings in two disputes over infringement of personal rights.

The first of the disputes was initiated by Mariusz Jop, a Polish football player and coach, who alleged that a fragment of the song "SZUBIENICAPESTYCYDYBROŃ" ("why do I have a suicidal mood like Mariusz Jop?") violates his personal rights. The plaintiff demanded that the cited part of the work be removed or changed. He also demanded an apology and that PLN 100,000 be paid to charitable causes. Lawyers from the Dispute Resolution Practice successfully argued that the line was merely a metaphor which did not infringe the footballer's honour or reputation, as it merely refers to the suicide goal scored by Mariusz Jop, which deprived Wisła Kraków of the chance of winning the Polish championship in 2010. The court upheld the arguments put forward in their entirety, at the same time emphasising that artistic creativity is a constitutionally protected right. The claim was dismissed in full by the Regional Court in Krakow. The judgment is final and non-revisable.

The second proceedings were brought by a former pornographic industry actress performing under the pseudonym Teen Kasia. The plaintiff sought the removal of her artistic pseudonym from the content and title of the work, as well as the elimination of the part that contained her voice. The claim also included a demand for an apology and for damages of PLN 75,000 to be awarded. In the judgment dismissing the claim in its entirety, the Regional Court in Białystok upheld the arguments put forward by DZP's lawyers that the disputed verses referred to activities that the claimant had actually once carried out and were not intended to portray her in a negative light. Moreover, the use of her voice in the work could not be considered an infringement of her image, as the voice used was not distinctive enough to be identified. The judgment is final and non-revisable.

Quebonafide and the QueQuality record label were represented throughout the proceedings by lawyers from the Dispute Resolution Practice: Hanna Gajewska-Kraczkowska, Counsel, Rafał Karbowniczek, Senior Associate and Małgorzata Karasińska, Associate.