Article – Understanding Your Right to Image Use

The right to control one's image is a fundamental personal liberty protected under our Constitution and Civil Code. It's a part of what we call 'personality rights,' which are inviolable. This means every person has the authority over how their image is used, whether it's a faithful depiction of their physical features like photographs, portraits, paintings, and the like, or for commercial representation of their unique and distinguishable appearance, in both concrete and abstract forms.

This right to one's image is a safeguard ensuring that an individual's respectability and good name are preserved, closely linked to the protection of their honor.

Thus, if an image is published without the subject's permission, there's an immediate right to seek damages, even if the publication doesn't harm the person's privacy or honor. In simpler terms, unauthorized exposure of someone's image obligates compensation. If it invades privacy or honor, it escalates to a criminal offense.

That's why it's increasingly important to be mindful of what we share on social media, WhatsApp groups, and other digital platforms.

Since image rights are part of personality rights, they cannot be transferred or relinquished by an individual, as they are constitutionally guaranteed. However, with the individual's consent, arrangements like image rights assignments or usage authorizations can be made through specific contracts. In an assignment, rights are transferred. With authorization, the right to use the image isn't transferred; instead, permission is granted, often with certain conditions.

Image rights contracts can be either gratuitous or for a fee, depending on the agreement between the parties involved. It's essential that such agreements explicitly state the terms under which one person allows another to use their image.

Exceptions to image rights may occur with authorization, for instance, when necessary for the administration of justice or the maintenance of public order (like in a public space without specific identification, or a group of people at the beach in a news segment, and also the recording of a public speech).

When it comes to compensation, it's crucial to assess whether the use of the image or words has impacted the person's honor, reputation, or respectability, and whether the intent was economic or commercial.

In conclusion, it's both advisable and feasible for individuals to manage the use of their image through a contract, providing clear authorization for how and in what manner their image may be used, thus protecting their rights.

Always consult with a legal professional for advice on matters like this, and exercise caution with your online posts and shares!