With portrait rights, you can oppose the unlawful use of your portrait in media statements for privacy reasons, among others, but portrait rights also play a role in a commercial context.
With portrait rights, you can oppose the unlawful use of your portrait in media statements for privacy reasons, among others, but portrait rights also play a role in a commercial context.
Portrait law is a particular aspect of media law that is increasingly in the spotlight. This area of law, which is part of copyright law, regulates when and how portraits of individuals may be used. Both privacy concerns and commercial interests may come into play here. Nevertheless, this issue often remains complex and requires a careful balancing of interests.
According to the Copyright Act, permission to use a portrait is not always required. If a portrait is used without permission, the person portrayed may object if there is a ‘reasonable interest’ that opposes publication. What exactly constitutes a reasonable interest is often determined by the courts and can vary depending on the circumstances. Examples of reasonable interests include privacy, for example if the publication violates the General Data Protection Regulation (AVG), or reputational damage if the publication negatively affects the good name of the person portrayed. Commercial interests also play a role, for example if a portrait is used in an advertising campaign without consent.
Redeemable popularity is an important concept within portrait law and mainly comes into play with famous people, such as artists, athletes, influencers or other public figures. The term refers to the right to protect and monetise the commercial value of your name, face and reputation. This means that companies and organisations cannot simply use your portrait or name for commercial purposes, such as in advertising campaigns, merchandise or other publications that generate profits.
In cases involving portrait rights, the court is faced with the task of weighing up interests. On the one hand, there is the interest of the person who wants to publish the portrait, such as freedom of expression or commercial interest. On the other hand, there is the right of the person portrayed to privacy, honour and reputation, or financial gain. This consideration requires customisation and takes into account the context, such as the nature of the publication and its purpose.
At Guldemond Advocaten, we are ready to advise you on all legal questions surrounding portrait law and media law. Whether assessing the legality of a publication, obtaining permission, or taking action in the event of unlawful use of a portrait, we offer expert legal advice and strategic support. Have your interests represented by experts who understand both the legal and practical aspects of this complex field.
In a court case, the judge will weigh up your portrait rights against the other party’s freedom of expression or commercial interest. The outcome depends on the specific circumstances of the case and is often difficult to estimate in advance. Whether you are a private individual seeking to protect your privacy or a well-known person seeking to secure your redeemable popularity, Guldemond Advocaten has the knowledge to assist in this regard
Do you have any questions about Portrait Law? Please contact Guldemond Advocaten.
