The image rights is a fundamental right protected by the Article 18 of the Spanish Constitutionand the Organic Law 1/1982 of 5 May 1982 on the Civil Protection of the Right to Honour, Personal and Family Privacy and Personal Image.. Despite the importance of this right in everyday and professional life, there are many doubts about when it is necessary to ask permission or not to take photographs of people.
In today's article we are going to talk about the transfer of image rightsThis is a very important issue nowadays, especially for those who want to participate in television programmes or in any kind of public event. It is essential that you know your rights and how to protect them to avoid unpleasant situations. That is why today we explain everything you need to know about it.
What is the transfer of image rights?
The transfer of image rights is the act by which a person (the rights holder) authorises another (the transferee) to use its image in a given context. In other words, it is a contract by which the rights holder authorises a third party to use his or her image in a certain activity, such as a television programme, an advertising campaign or any other type of public event.
This may include the use of photographs, videos, and any other form of image in which the person can be recognised. This is usually done in the context of a business or employment relationship, such as models working for an advertising agency or actors working in a film.
What rights are transferred?
This act implies the transfer of the rights to exploit the image, i.e. the authorisation to use the image of the holder in the context set out in the contract. This includes the right to reproduce the image, to distribute it, to communicate it publicly and to transform it.
Why is it important?
The transfer of image rights is important because it protects people from having their image used without their consent. If someone uses an image without permission, this can be considered as a violation of privacy and intimacy of the person concerned. The image release ensures that the terms and conditions for the use of the image have been established. image of that person.
Who owns the image rights?
The owner of the image rights is the person whose image is being used. This means that the person has the right to decide how his or her image is used and in what context. In some cases, the owner of the rights may be a underage or a person who does not have the legal capacity to make decisions. In this situation, the contract for the transfer of image rights can be signed by a legal representative.
Why is it important to know your rights?
It is essential that you are aware of your rights as an image holder, especially if you are going to participate in a television programme or any other public event. You should know that you have the right to control the use of your image and to receive financial compensation for its use. In addition, you should be aware that the transfer of image rights is not for lifeas some television programmes have tried to make people believe.
What does the law say?
According to the law, the assignment of image rights is a contract that must be in line with fundamental rights and public freedoms, especially the right to personal and family privacy and the protection of personal data. Therefore, any clause restricting these rights will be considered null and void.
Moreover, the transfer of these rights must be specific and limited in time and territorial scope. In other words, the rightholder must authorise the use of his image only for the specific activity set out in the contract and for a specific period of time.
What are the restrictions on the transfer of image rights?
The transfer of image rights may place some restrictions on the use of the image. For example, a model may allow her image to be used in advertising, but not in political or religious campaigns. It is important to read the terms and conditions carefully before signing any agreement.
Can I terminate the agreement?
Yes, the transfer of image rights can be terminated at any time. However, it is important to note that termination does not necessarily roll back the recipient's use of the image. Termination only means that the owner of the rights has regained control over the use of their image. On the other hand, if a recipient has used the image after the cancellation of the agreement, financial compensation may be required.
What happens if the transfer of image rights is illegal?
In some situations, the transfer of image rights may be illegal. For example, in the case mentioned at the end of this article, the contract for the assignment of image rights that required a lifetime duration was illegal.
In general, any restriction that unduly limits the use of the image or that is not permitted by law may be considered illegal.. If you find yourself in a situation where you are being asked to sign an image release contract that looks suspicious, it is important to seek legal advice before signing.
What if your rights are not respected?
If the rights of the image holder are not respected, the image holder can demand the immediate cessation of the use of his image and compensation for the damages caused. In addition, the rightholder can claim financial compensation for the use of his image without his authorisation.
How can I protect my image rights?
To protect your rights, it is it is essential that you read the contract carefully of transfer of image rights before signing it. If you have doubts or do not agree with any clause, do not hesitate to consult a lawyer specialised in the matter.
In addition, it is important to know that the assignment of image rights is not for life, as some TV programmes have tried to make people believe. The duration of the assignment must be specific and limited in time and territorial scope.as mentioned above. Therefore, if you sign a contract that provides for an assignment of image rights "for life"You should know that this clause is null and void and you can demand that it be removed.
It is also recommended that consult a lawyer before signing any image rights assignment contract. This way, you can make sure that the contract complies with the law and that your rights are protected.
What has happened to some television programmes?
In recent years, we have seen how some television programmes or reality shows have tried to make participants believe that the transfer of their image rights is for life. This is the case of programmes such as "Women, men and vice versa"Mediaset España.
In this programme, participants were required to sign contracts for the assignment of image rights which provided that the assignment was for life. However, this clause is null and void, as it is against the law.
It is therefore important that we are informed and that we assert our rights as image owners. If we are forced to sign a contract that does not comply with the lawWe should know that we can demand that it be modified or even removed.
In conclusion, the transfer of image rights is a very important privacy and data protection issue. We should take this into account if we want to participate in television programmes or any other kind of public event.
It is essential that we read any contract carefully before signing it and that we consult a specialised lawyer if we have any doubts. In this way, we can ensure that our rights are protected and that we are complying with the law.
At Honoralia we care about our clients and we want them to be informed about the most relevant current issues. We hope this article has been useful and that you have learned everything you need to know about the assignment of image rights. If you have any questions or concerns about this topic, please do not hesitate to contact us.