Image Right
What are Image Rights ?
Image Right is the right to decide on the capture or reproduction of a person’s image or voice.
What type of images can be protected by Image Right?
Any type of image that allows the identification of a person can be protected by Image Right. It can be an illustrated portrait or a photo, not only of the face but also of other parts of the body or any other characteristic that allows the identification of the person.
FAQs about Image Right
Image rights in Argentina are regulated by Law 11.723 and the Civil and Commercial Code of the Nation
Image rights in Argentina have a duration of 20 years as from the death of the holder of such rights. After that time, the image may be used freely as long as use thereof is not offensive.
Using a person’s image or voice without his or her consent may constitute a violation of his or her image rights. It may also affect their honor and privacy.
The Civil and Commercial Code of the Nation establishes as
exceptional the following cases:
(a) that the person participates in public acts;
b) there is a priority scientific, cultural or educational
interest, and sufficient precautions are taken to avoid
unnecessary damage;
c) the regular exercise of the right to inform on events
of general interest.
When a person’s image is used without his or her consent, it is possible to file legal actions, such as summons, pre-judicial mediations, precautionary injunctions and/or lawsuits, to prevent further dissemination of the image and/or to claim damages and losses caused by the illegitimate use.
Our legal services in relation to Image Rights
General Counseling
Image Right is a very personal right. That is why it is necessary to take due precautions when using images of third parties. At Legal Core we provide general counseling on how to protect image rights, how to manage the use of stock images or how to implement authorizations on image use.
Agreements
To use a person’s image, it is necessary to obtain their consent. This consent can be granted through an agreement or a release that sets out the conditions under which the image may be used. At Legal Core, we assist our clients in drafting and/or reviewing contracts, authorizations, or releases related to image rights.
Legal actions
When a person’s image is used without their consent, it is possible to pursue legal actions such as cease and desist letters, pre-judicial mediations, precautionary measures, and/or lawsuits to stop further dissemination and/or claim damages caused by the unauthorized use. At Legal Core, we represent our clients in defending their image rights.