The right to one’s image is a fundamental personal right in Argentina, regulated by both the National Civil and Commercial Code (CCyCN) and the Intellectual Property Law (Law No. 11,723). In this article, we explain what current regulations state, in which cases a person’s image or voice may be used without consent, and how to take action to protect this right.
What is the right to one’s image in Argentina?
The right to one’s image is the ability of any person to control the use of their own image and voice. It involves deciding who can capture, reproduce, or commercialize them, and under which conditions.
In Argentina, this right is mainly regulated by:
- Article 53 of the Civil and Commercial Code of the Nation.
- Article 31 of Law No. 11,723 on Intellectual Property.
Although the regulation in Law No. 11,723 predates the CCyCN, it has not been repealed, and both rules coexist complementarily.
Both provisions establish that consent is the general rule for any capture or reproduction of a person’s image or voice.
Consent for the use of image and voice: when is it required?
Current regulations establish that express consent is required to capture or reproduce a person’s image or voice.
However, there are exceptions in which consent is not required:
- Public events: when a person participates in events open to the public.
- Scientific, cultural, or educational interest: provided that necessary precautions are taken to avoid unnecessary harm.
- Right to inform: when reporting on matters of public interest.
It is also important to note that if a person has given consent, they may revoke it, although they must compensate for any damages caused by such revocation.
Right to the image of deceased persons: how is it protected?
According to Article 53 of the CCyCN, the use of a deceased person’s image requires the consent of:
- Their heirs, or
- A person designated in the deceased’s last will.
If there is a disagreement among heirs of the same degree, a judge will decide.
The law also provides that “Twenty (20) years after death, respectful reproduction of the image is free.”
This means that after twenty years, respectful use of a deceased person’s image is permitted. However, any use that may be considered offensive or harmful to the dignity of the deceased may still lead to legal action by their heirs.
What to do if your image or voice is used without authorization?
The unauthorized use of a person’s image or voice for commercial, advertising, or dissemination purposes constitutes a serious violation of the personal rights protected by law.
In these cases, the affected person may seek:
- The immediate cease of the unauthorized use.
- Compensation for moral damages.
- Compensation for material damages, especially if the image or voice was used commercially.
How to protect your right to image in Argentina
To protect your image and voice, it is advisable to:
- Avoid signing general authorizations for image use without fully understanding their scope.
- Include specific clauses in contracts, clearly limiting the permitted use of image or voice.
- Act promptly in the event of unauthorized use, by sending a formal notice or initiating legal action if necessary.
Obtaining specialized legal advice can be key to properly safeguarding these rights.
Conclusion
The right to one’s image in Argentina is strongly protected by the current legal framework. However, technological advances and the viral spread of content on social media require individuals to remain alert and act swiftly to defend their rights.
If you need legal advice to protect your image or take action against unauthorized use, do not hesitate to contact us.
