The Pandemic that we are going through Covid-19, is a catapult for the image use on multiple digital platforms.
After the launch of the “Stay at Home” campaign, with the aim of keeping the population in their homes, protecting itself from the contagion potential of the SARS-Cov-2 Coronavirus, and thus helping in the decline of the Covid-disease growth curve19, has catapulted the exploitation of digital content platforms and interactive applications, bringing users various interactive content such as games, literary works, plays, concerts, comics, films and more.
However, caution should be exercised with the terms and conditions that establish such technologies for their use, since in most cases to access them must be given an AUTHORISATION OF USE TO OWN IMAGE OR IMAGE USE.
With such permission, the companies holding the applications, their controlling companies, subsidiaries, subsidiaries, licensees and/or any third party designated, shall be free to: fix and/or capture the image of a person or his portrait through any printed medium, phonograph, graphic, plastic, audiovisual, photographic, digital or any other medium incorporating images in order to reproduce, copy, edit, modify, publish, disseminate, distribute, communicate publicly, transmit, retransmit, make itself available to the public, commercializes, uses and/or exploits directly or indirectly through television, digital media or any known or unknown medium.
Similarly, such authorizations recognize the ownership and exclusive use of the material containing the image of the person who gave his consent WITHOUT REMUNERATION.
While such exploitation is carried out by companies under the Civil Liability Act for the Protection of the Right to Privacy, Honour and Self-image in the Federal District and the Federal Copyright Act, it is important both for those who apply for authorisation to use the image themselves and for those who do, that the scope of this authorisation be clearly established, otherwise, whoever uses the material and the image for direct or indirect profit in an inappropriate manner, could be considered a commercial offender, receiving a fine of one thousand to five thousand Units of Measurement and Updating, and in the event of continuing this conduct an additional fine of up to five hundred Units of Measurement and Updating may be imposed.
In Bandala | Díaz | García we have the advice you need, if you are the one who requests authorization to use the image itself or use the image of a third party, or if you have granted it and have misused it, come to us.