Image rights

In Spain, the so-called right of image is regulated as a manifestation of the rights of personality together with the right to honor and the right to privacy. It is a fundamental and inherent right of persons that enjoys a system of exceptional guarantees. The right to one's own image, understood as a sacred manifestation of personality (not of the person) can be used commercially and, therefore, the legislator foresees that Law 1/82 of 5 May that:

Art. 7º.- "They will have the consideration of illegitimate intromissions in the scope of protection delimited by article 2 of this law: .. (...) 6. The use of the name, voice or image of a person for advertising, commercial or similar purposes".

Therefore, whoever wants to use the private image, the family image, the intimate image of a person must obtain the previous authorization of the affected person, authorization that can be revoked at any time without any requirements other than repairing the damages that such withdrawal may cause. This image is not understood as an object of the right that can be trafficked. The owner may authorize the intrusion in his image and may disallow such intrusion whenever he sees fit. It is not therefore a "transfer of the image".