The image occupies a predominant place in communication, information and promotion of goods or services. Advertisements, media, poster campaigns, television, internet, social networks, etc. Images are everywhere. However, the use of the image of people and properties is regulated and framed by law. What rights do people have over their image? Under what conditions can a person’s image be used? Do the owners of a property have a right to the image on it? Can the image of a property be used? What is the impact of copyright on image rights? The lawyers of Arénaire Avocats, experts in image rights, provide legal counsel, assist, and support you in all matters relating to the image of persons and property.
Arénaire Avocats: lawyers in people’s image right
The image of persons is a personality right protected on the basis of article 9 of the French Civil Code: “Everyone has the right to respect for his private life“. The use of a person’s image, whether famous or anonymous, is wrongful when:
- the person is identifiable and recognisable,
- the image is used publicly,
- the person has not given their consent.
However, there are limits to the right to the image of persons under certain conditions, notably when:
- the image is used only in a private context,
- the use of the image is for information purposes, for the needs of the news.
The infringement of a person’s image is subject to civil and criminal sanctions.
Our lawyers are competent to:
- provide you with legal counsel on how to protect your image rights or secure your image exploitation project,
- drafting and negotiating authorisations for use and transfer of image rights,
- assist you in negotiations and pre-litigation,
- representing you before civil or criminal courts during litigation.
Law firm for property image rights
In principle, the owner of a property does not have an exclusive right to its image. However, there are limits, in particular when the use of the image causes him an abnormal disturbance.
Furthermore, the creator of the original work appearing in the image (architect, designer, artist, etc.) holds copyright on his or her creation and can object to the use of its image.
Our know-how and expertise in the field of image rights of property:
- Assessing the existence and extent of rights to the image of property and copyrights.
- Determining the nature of any disturbances suffered and their qualification as abnormal.
- Analysing and evaluating the risks and chances of success of a project or a litigation procedure.
- Drafting and negotiating authorisations and transfer of image rights and copyright.
- Assisting you in the context of negotiations, and amicable and pre-litigation settlements.
- Representing you before the civil courts.
Sharing our expertise in image rights
Our recognised expertise in image and copyright law leads us to regularly organise events on this subject, in particular training courses.
We assist you, provide legal counsel and support you in all your issues relating to the image rights of people and property, and copyright. Contact us and we will take the time to discuss your problems, your needs, and the solutions we can provide.