Image rights Archives

ELZABURU has had the pleasure of working together with the publisher Thomson-Reuters Aranzadi on Fashion Law, a pioneering work in Spain on the subject of fashion law, which was presented on 16 April.

In these short weekly summaries, the professionals at ELZABURU who participated in the work offer us a brief outline of their contributions:

Image rights in the fashion sector

Image rights are an essential part of the fashion world, with trends in this sector having evolved towards attempts to create a dialogue between the brand and the consumer, where the image associated with the brand symbolizes a lifestyle.

The chapter that we have prepared deals with the concept of image rights and their limitations, applicable legislation, the most common uses of image rights in the fashion sector, and defence of image rights.

We underline the importance of authorization for exploitation of image rights by means of a contract setting out the object of exploitation (image, voice and/or name), listing the authorized rights (for example, image capture, distribution), and stating the purpose (for example, advertising), authorized formats and media, time scale and territorial scope, as well as any possible obligations relating to participation in promoting the product, and any exclusivity or non-competition clauses.

Since image rights are personal rights, they are unwaivable and inalienable, and may therefore be revoked. That is, authorization may be “cancelled” at any time, provided that there is compensation for any damage caused, including legitimate expectations.

This chapter also touches on the concept of “brand ambassadors” and the new players on social media (influencers, bloggers, youtubers, and Twitter personalities), who are selected to represent fashion brands based on their personality and character, and who, in some cases, are even required to preserve the brand’s reputation.

Finally, we cite some examples where image rights have been infringed as a result of breach of contract, brands exceeding the authorized use of the image, breach of contract due to infringement of the right to exclusivity by the owner of the image rights, and even as a result of identity theft or unauthorized use by brands.

Author: Cristina Espín