Portrait rights allow you to take action against the unlawful use of your portrait in media communications, among other things, for privacy reasons, but portrait rights also play a role in a commercial context.
Portrait rights allow you to take action against the unlawful use of your portrait in media communications, among other things, for privacy reasons, but portrait rights also play a role in a commercial context.
The right to one’s own image is a special aspect of media law that is increasingly coming under the spotlight. This area of law, which forms part of copyright law, regulates when and how images of individuals may be used. Both privacy interests and commercial interests may play a role here. Nevertheless, this subject often remains complex and requires careful consideration of the various interests involved.
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 “legitimate interest” that prevents publication. What exactly constitutes a legitimate interest is often determined by the courts and may vary depending on the circumstances. Examples of reasonable interests include privacy, for example if the publication violates the General Data Protection Regulation (GDPR), or damage to reputation if the publication has a negative impact on 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 permission.
Cashable popularity is an important concept in portrait rights and mainly applies to well-known 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 profit.
In cases concerning portrait rights, the court is tasked with weighing up the interests involved. On the one hand, there is the interest of the person who wishes to publish the portrait, such as freedom of expression or commercial interests. On the other hand, there is the right of the person portrayed to privacy, honour and reputation, or financial gain. This balancing act requires a tailored approach 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 concerning portrait rights and media law. Whether it concerns 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. Let your interests be 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 image rights against the freedom of expression or commercial interests of the other party. The outcome depends on the specific circumstances of the case and is often difficult to predict in advance. Whether you are a private individual who wants to protect your privacy or a well-known person who wants to safeguard your marketable popularity, Guldemond Advocaten has the expertise to assist you.
Do you have any questions about portrait rights? Please contact Guldemond Advocaten.
