Portrait rights

The popularity of celebrities such as artists, actors and athletes has a commercial value.

They have the right to determine whether or not, and how, their portrait is commercially exploited. But, also less known individuals have portrait rights and in some cases can oppose commercial or other use of their portrait.

Portrait

A portrait is not limited to a picture of a face, but can include other parts of the body as well. What matters is that the portrait can be identified as an individual person. It must be a recognisable image.

Opposition to use

If a portrait is used, the person portrayed can oppose the use thereof if he or she has a ‘reasonable interest’. This interest may either be personal a commercial. For famous people, their popularity itself makes the unauthorised use of a portrait in a commercial way unlawful. Personal interest may consist of the use of a portrait in a certain undesirable context. Less known Dutch individuals may therefore also oppose certain forms of portrait use.

Procedure

The attorneys of GMW lawyers have experience in advising and litigating on portrait rights. In our experience, in many cases going to court can be prevented. Often an amicable settlement can be reached, especially if the unlawfulness of the publication is more or less clear, for example in case of unauthorised use of a photograph in a negative context with which the person depicted has no connection. In some cases, however, going to court cannot be avoided. A rectification or an injunction against further publishing can be claimed in proceedings as well as compensation for damages.

More information

GMW lawyers will be happy to help you with all your intellectual property issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our experts will be glad to support and advise you.

More information >

Lawyers

Christiaan Mensink

Christiaan Mensink

Read more about this lawyer

Are you looking for an intellectual property law lawyer in The Hague?

GMW lawyers will be happy to help you with all your intellectual property law issues. Do you have a question? Feel free to contact us.

"*" indicates required fields

newsletter?

You might also like

Buyout of minority shareholders

5 March 2024

Buyout of minority shareholders

The advantages, requirements and bottlenecks of the forced buyout of the last 5%, the minority shareholders.

Read more

Read more about
Private or commercial suretyship?

21 June 2023

Private or commercial suretyship?

A lender will almost always require security when providing loans. This not only includes collateral security, such as pledges and mortgage rights, but also personal security.

Read more

Read more about

1 February 2023

Will the Baby BV evolve?

A Baby BV is a tax structure where parents set up a limited liability company. Upon incorporation of the Baby BV, their minor children are issued with shares.

Read more

Read more about

22 August 2022

Compensation for a loss in value of shares

Reduction in the value of my shares: am I entitled to compensation?

Read more

Read more about

11 July 2022

Seizure of digital assets

Read more about the seizure of digital assets below.

Read more

Read more about

6 June 2022

Liquidation by arrangement

What is liquidation by arrangement?

Read more

Read more about

30 May 2022

Is a bank obliged to offer a business a checking account?

Having a bank account is necessary for a company in most cases.

Read more

Read more about

10 June 2021

Contractual expiry periods and bankruptcy

On April 1, 2021, an arbitral award was rendered between a contractor and a client.

Read more

Read more about

15 March 2021

Dispute with your co-shareholder: what to do?

It may happen that disagreements arise between you and your co-shareholder (s).

Read more

Read more about