Basic principle A persons image cant be used without consent Main exception: Police, scientific or academic purposes; facts occurred in public, uses based on public interest. All exceptions must be interpreted restrictively. Exception DOES NOT apply to commercial use.
"With Ryanair, all my family can come to the wedding."
Dr. Martens Footwear OK in the UK Got in trouble when published in a US based website Agency was fired over ad
Being a very personal right, it would normally end upon death BUT: –Image of the deceased must be used with respect –In some countries (in LA), Copyright laws give some rights to the descendants for a limited time (even when someones portrait is not a creation of his intellect) –This is one of the issues where Laws in different places vary significantly
Namesakes & Look-alikes A violation can occur even when a persons portrait is not used
Scandals Use of competing products Change of circumstances (retirement, injury, etc.) Bad press
No matter what Laws apply Ensure rights in writing. Do not rely on presumed verbal consent. Contracts may solve most issues described. If it works somewhere, it will not necessarily work everywhere.
THANK YOU! Uri Weinstok Weinstok Abogados Costa Rica firstname.lastname@example.org www.weinstok.co.cr