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Image Rights

In Spain, so-called image rights are regulated as an expression of personality rights along with honour rights and privacy rights. It is a basic and innate right belonging to individuals that enjoys a system of exceptional guarantees. The right to one’s image, understood to be a sacred expression of personality (not of the person), may be used commercially and, therefore, Law 1/82 (May 5th) states that:

Art. 7.- “The following will be considered illegitimate interference in the protection delimited by Article 2 of this law:… (…) 6. The use of a person’s name, voice or image for advertising, commercial or similar purposes.”

Therefore, whoever wants to use an individual’s private, family or intimate image should obtain his prior authorisation, which may be revoked at any time without any requirements other than compensating for any losses that such withdrawal may cause. This image is not considered an object of the right that may be traded. An individual may authorise interference with his image and may withdraw such authorisation whenever he wants. It is therefore not a case of “transferring one’s image.”