Unauthorized use of someone’s image
There’ve been countless cases in which someone considered famous or not, reports the misuse of its image (unauthorized use of someone’s image), either because someone portrays it without its consent or because they took photographs from their social networks, files or electronic devices without its authorization, with the purpose of getting some economic benefit or even just for the purpose of causing any damage to the reputation and privacy of the person portrayed or filmed.
In many cases they have been portrayed secretly in their homes, hospital rooms, businesses, in meetings with friends, in family trips and even in other areas of their private life, feeling their intimacy and personality trespassed.
The Federal Copyright Law foresees the protection of people’s image, so it states that you must have the express consent of the person portrayed or filmed to use its image or, where appropriate, the authorization of its successor in title, otherwise, anyone using the image for direct or indirect profit, could be considered an offender in commercial matter, having to a fine of one thousand to five thousand Units of Measurement and Updating, and in case of continuing with this conduct it could be imposed an additional fine of up to five hundred Units of Measurement and Update.
However, it must be borne in mind that such law establishes as; permitted use, without authorization from the owner of the image or its successor, those photographs where the person appears as part of a news event or as part of a landscape as long as it is not the main element of the photograph.
If you are the victim of some unauthorized use of your image (or unauthorized use of someone’s image), in Bandala Díaz García we have the advice you need.