The testimony as it happened...
(05.11.2013, 3:30pm) António Paulo Antunes
dos Santos is a Lawyer and post-graduate in
Communication Law specialising in the field of
Intellectual Property Rights. He is currently
the Chief Executive of the Federação Editores
de Videogramas (FEVIP), a Portuguese
Association which represents the interests of
its affiliate members in the coordination of the
national programme against audiovisual piracy.
He is also a former Polícia Judiciária
Inspector.
Up until 2009, VCFilmes was an affiliate
member of FEVIP.
The Judge Maria Emília de Avillez Melo e
Castro – Do you know what this trial is about?
AS says he remembers the issue of the
Providência Cautelar (Injunction hearing).
The Judge – Do you know Gonçalo Amaral?
AS says he does, they were colleagues in
the Policia Judiciaria for some years and they
occasionally talk to each other. He adds that,
as a juridical consultant, he helped GA
concerning the contract with G&P and the rights
related to the documentary's production by
VCFilmes.
The defence lawyer for VCFilmes, Dr. Henrique
Costa Pinto, is the only lawyer to question the
witness.
VC - Did you know GA before the book
was published?
AS answers that he met GA at the PJ.
Though their areas were different, they worked
together for some time and had a good
relationship. He says that he left the PJ in
1991 in order to lead a program for the
protection of authors against the violation of
their rights.
VC - Do you know the book by Gonçalo Amaral?
AS says he does.
VC - This book was the basis for a
documentary, it was adapted into a film that was
broadcast by TVI Have you watched it?
AS says he did. He adds that he bought
the DVD with a copy of the Correio da Manhã.
VC - Do you remember when that was?
AS says it was in 2009.
VC - Apart from the version broadcast by TVI,
have you knowledge of any copy made of this
audio visual work?
AS – No legal one. He adds that an
illegal reproduction appeared on the Internet on
a certain site. He says that a complaint was
lodged with the PJ.
VC - Was it a Portuguese site?
AS says he doesn't know who the webmaster
was, but that the site was a Portuguese. He adds
that the pirated copy had subtitles in English.
VC - Did VCFilmes put this documentary
on-line?
AS says that they didn't, they were the
victims of a fraud and started an action against
the hackers.
VC - Did your association (FEVIP) protest
against foreign sites?
AS says "no".
VC - Was VCFilmes damaged in the process?
AS - Of course they were. If people have
free access to the documentary on the Web, it
represents a significant loss of clients.
VC - Are you sure that VCFilmes didn't
authorise this?
AS - Absolutely.
VC - Have you some knowledge of the Criminal
Process in the Madeleine case?
AS says he knows some parts of it but
none in particular.
VC - Have you seen, in the documentary, parts
that weren't in the Criminal Inquiry?
AS answers "no".
VC - What about the facts themselves?
AS says he doesn't know the details, but
he thinks that what is in the book is in the
Criminal Inquiry. He adds that GA's book
analyses the case from the perspective of the
investigator, namely, Gonçalo Amaral.
VC - But this perspective ended up not being
confirmed.
AS says he doesn't understand what the
lawyer means.
VC - What is the conclusion of the book?
AS - The evidence established at that
determinate time allowed for some conclusions.
The shelving of the case was months afterwards.
The book, which was published afterwards, might
have divergence points, but it clearly states
that there is case for further investigations.
Evidence ends.
