Talk:Heloísa Pinheiro

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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)

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)

I don't understand. The second paragraph of the quote seems to me to make it clear that the piece was anti-Pinheiro. It says she had no protectable right. -- Cecropia | Talk 23:45, 26 Jun 2004 (UTC)

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)[reply]

Some articles are out now that say the court awarded in her favor and that she has a chain of "Garota de Ipanema" botiques in São Paulo and Rio de Janeiro. It IS hard though to find actual court references. For a Brazilian lawyer, it should be easy, because I know that Brasil keeps a lot of court records on the internet. One: http://stan-shepkowski.net/girlfromipanema.htm. —Preceding unsigned comment added by 24.251.140.195 (talk) 00:57, 14 June 2009 (UTC)[reply]

Heloisa Pinheiro falleció hoy.

Falleció hoy la chica que inspiro:La chica de Ipanema. Julio cesar lopez upegui (talk) 01:09, 8 June 2023 (UTC)[reply]

Yeah I just saw that. I'm sad, I loved Astrud. Herostratus (talk) 01:05, 9 June 2023 (UTC)[reply]

muse?

I'm of two minds about keeping category:muses to this page. I mean, she was without question the inspiration of a popular song which may be popular for centuries, and this fact and its consequences take up most of the article, and being an inspiration for a work of art -- a muse -- is the only reason we have this article.

On the other hand, just walking along was basically the inspiration she gave, it seems. It seems likely the the next girl walking by could have been the inspiration. Although Pinheiro could have had a unique je ne sais quoi I suppose. I suppose it is not impossible that song would not exist but for that brief encounter. Can't prove otherwise.

But I mean, everybody else in category:muses had some sort of relationship with the artist, usually a long and close one, or was the actual model for a painting(s) or sculptures. Their personality and all was what was important. She'd certainly be an outlier among people in that category. And are we going to put in everyone who inspired a single song? "Beth" from the Kiss song and etc etc etc.

I dunno. I kept her in. Herostratus (talk) 01:02, 9 June 2023 (UTC)[reply]