You're a photographer? Or maybe other people are taking pictures of you? In both cases, you should know what an image is and what it means to consent to its use.

The image of every human being is a personal good and therefore subject to legal protection . It follows the principle that in order to be able to distribute the image of a person presented on a specific subject / place, it is necessary to obtain its consent.

The right to the image

Commercial use of such a right should be preceded by obtaining a written statement of the owner of the rights to the image. However, what is important, such consent can not be presumed, therefore it must be expressed in a way that leaves no doubt as to its existence, but also as to scope. The expert of the Fotoprawo.pl portal, Magdalena Stasiak explains why it is important to clearly define the boundaries and fields of exploitation of image rights: "Imagine a situation in which the actress grants permission for the dissemination of her image as a film creation. Certainly, however, she is not indifferent to her whether her face will be on toys for children or on adult toys. That is why it is always necessary to ensure precise determination of the framework of granted consent. Activities exceeding this framework will undoubtedly constitute a violation of the right to the image. The law also provides for the possibility of determining the infringement of personal rights, despite the general consent to the dissemination of the image. In the extreme case, as mentioned above, the court would most likely adjudicate that the consent did not cover such use of the image. Moreover, there would be no violation of the actress's reverence.

fot. fotoManiaK

fot. fotoManiaK


Granting consent and violation of personal rights

Giving consent is never an automatic exclusion of all rights. Polish law provides that it can be withdrawn when personal rights are violated. "We treat consent to the use of the image as a unilateral legal act. The consequence is the possibility of unilateral withdrawal at any time. It is very important that the right to withdraw consent can not be waived. In spite of this, clauses are often encountered in practice, referring to "irrevocable, indefinite" consent to use the image.

fot. Matt Paish 2014, Flickr, CC

fot. Matt Paish 2014, Flickr, CC

Such additional reservations, however, are invalid and the person whom the image presents, retains the right to withdraw consent "- adds Magdalena Stasiak. In practice, there are many forms of protection both on the part of beneficiaries of consent (in the event of a change of opinion by the other party) and people consenting to the dissemination of the image – in the form of insurance in the event of withdrawal of consent for the dissemination of the image. As you can see, the law gives some possibilities to safeguard the interests of both the person entitled to the right to the image and willing to distribute it. The key is knowing these possibilities.