The media have reported, over the past few weeks, on the verdict handed down by the Commercial Court of Madrid on April 11 in favor of Zinkia, in relation to the complaint lodged by Guillermo Garcia Carsi, one of the three co-creators of Pocoyo, in October 2010.
In his complaint, Garcia Carsi asked the court to declare null and void all contracts he had previously signed as the creator of ideas and co-scriptwriter.
The verdict dismissed all of Garcia Carsi’s demands, and declared all of the contracts valid and in force, determining that Garcia Carsi’s waiving of rights, at the time, did not include those classes of exploitation and means of diffusion which were not existent or not known when the contract was signed, as per one of the clauses of the contracts. At the same time, the legal verdict ratifies that any and all exploitation via the Internet is included within the same rights waiver that Garcia Carsi signed in favor of Zinkia, and dismissed all of his other claims for damages or additional payments.
In my opinion, the most important part of the verdict is that it declares, as we have made clear all along, the creation of Pocoyo, as a series, as well as its management and coordination, was all due to Zinkia’s hard work, was carried out within Zinkia, and was Zinkia’s responsibility, as the company organized, financed, and formed a team of professionals from all over the world who came together, worked together, and brought together what, today, are the Pocoyo series, thus making Zinkia the sole ‘owner’ of the creation and the exclusive holder of all rights to their ownership and exploitation.