NIMB15 reports.. what they fail to tell us is that he’s a lawyer
A former employee seeks $2.5 million, claiming unauthorized use of his likeness in educational content.
The medical cannabis industry in Puerto Rico is facing a high-profile legal dispute after a former employee filed a lawsuit seeking $2.5 million in damages over the use of his image in educational videos.
The case, originally filed in Puerto Rico Superior Court, has been moved to the U.S. District Court for the District of Puerto Rico, with defendants arguing that federal copyright law preempts the plaintiff’s claims.
The lawsuit, filed by Gabriel Sifre-Ortega against Puerto Rico Legal Marijuana Inc., its educational subsidiary and two corporate officers, alleges that the company, which specializes in consulting and online cannabis training, used his likeness in two educational videos without compensating him.
Sifre-Ortega claims he is entitled to royalties for his appearances, but the defendants argue that federal copyright law grants them full ownership of the content, given that the videos were created during his employment.
The defendants, represented by attorney Godwin Aldarondo-Girald, filed a notice of removal to federal court, asserting that the case falls under the Copyright Act of 1976. They argue that all materials created by employees within the scope of their employment are considered “work for hire,” meaning the employer retains full rights over the content.
“This right has been recognized by the Supreme Court of the United States since 1903,” the filing states, citing Community for Creative Non-Violence v. Reid (1989) and Bleistein v. Donaldson Lithographing Co. (1903) as precedent.
The company claims it provided the necessary materials, directed the production and compensated Sifre-Ortega, making it the legal owner of the content under federal law
Sifre-Ortega’s lawsuit is based on Puerto Rico Act 139 of 2011, which protects an individual’s right to control the commercial use of their image. However, the defendants argue that federal copyright law preempts this state-level claim, making it legally irrelevant.
“The ‘right to publicity’ or ‘self-image’ that the plaintiff claims under Puerto Rico law does not apply to copyright works that belong to the employer,” the filing states, citing recent case law, including Meléndez v. Sirius XM Radio Inc. (2022).
