Image rights attorney
Your image belongs to you. Let's enforce it.
Our image rights attorneys have extensive experience in managing your rights, drafting contracts, and court representation. We are committed to defending your rights and ensuring your image is used legally and respectfully. We intervene in commercial law, advertising law, and intellectual property law.
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Alexandre Bigot-Joly
Partner
Music law, influence, media & communications. Lecturer at CELSA, ISCOM and ESP.
Raphaël Molina
Partner
Intellectual property, digital law & influencer law. Contributor to the 2023 influencer legislation.
Maria Berrada
Partner
Intellectual property, AI, Web3, GDPR & eSports. Legal counsel for the French Video Game Federation.
Our services
How we can help you.
Practical examples
Removal of personal photos used in an ad campaign without consent
An individual discovered their vacation photos used by a travel agency in an advertising campaign. Immediate removal was obtained and €20,000 in damages for image rights violation awarded.
Protection of a minor's image exploited on social media
Parents of an 8-year-old found photos of their son reposted by third-party accounts. Removal across all platforms was obtained and protection settings strengthened.
Client reviews
What our clients say about us.
“Great responsiveness from all team members, with solutions found quickly and efficiently.”
Christ C.
“We entrusted INFLUXIO with a complex case. Their technical expertise, strategic vision and the quality of their legal briefs were decisive.”
Mia-Line C.
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Insights
Learn more about this area.
What is the right to one's image?
The right to one's image is an autonomous right established by case law and linked to Article 9 of the French Civil Code (protection of privacy), supplemented by Articles 226-1 and 226-2 of the French Criminal Code (image capture in private settings). It allows each person to control the use of their image.
Any use of a person's image requires their specific consent, meaning consent given for a determined use, a defined medium and territory, except for exceptions provided by law. This right protects individuals' privacy and personality by regulating how their images can be used. Attorneys specializing in image rights ensure the defense and protection of these rights.
Exceptions to image rights.
Right to information and current events.
The right to one's image yields to the public's right to information: the distribution of images related to a current event is permitted without consent, provided the image is directly related to the event and does not violate the person's dignity. Similarly, a person photographed in a crowd at a public event, without being individualized, cannot invoke their image rights.
However, participation in a public event never constitutes general consent to the commercial exploitation of one's image: specific consent, ideally in writing, remains necessary for any determined use.
Public interest and freedom of expression.
Image distribution may be justified by public interest or freedom of expression, especially in journalism. However, images must be relevant and not violate the dignity or privacy of the person concerned. Our specialized attorneys can help determine whether a publication is justified by public interest.
Case law and practical cases.
The Court of Cassation held that image rights are an autonomous right, distinct from the right to privacy, the mere finding of an infringement of which gives rise to a right to compensation (Cass. 1st civ., 12 December 2000, No. 98-21.161). This landmark ruling confirms that the victim does not need to prove specific harm: unauthorized use is sufficient.
Image rights case law provides concrete examples of law application. Courts must often balance image rights with other rights, such as press freedom. Consulting an attorney helps understand how these decisions may affect specific situations.
Different situations of image rights violation.
Privacy violation.
Privacy violation occurs when a person's image is captured or distributed without authorization in private places or situations where the person has a legitimate expectation of privacy. This includes photos taken at home or during personal moments, without the person's consent.
Unauthorized media use.
Media must obtain prior authorization before publishing photos or videos of a person, unless justified by the public's right to information. Any publication without authorization constitutes an offense against image rights and can lead to legal proceedings. Penalties can include fines and imprisonment for the perpetrators of these violations.
Commercial use without consent.
Using images for commercial purposes, such as advertising or influencer marketing, without consent violates image rights. Image rights assignment contracts are essential to legally govern this use. Our specialized attorneys can help draft and negotiate these contracts to protect the person's interests.
Social media distribution.
Unauthorized image distribution on social media (influencers) is a common image rights violation. The speed at which images can spread online can cause significant reputation damage. Our attorneys can help remove images and seek compensation for damages suffered.
Special cases: public figures and public events.
Public figures have reduced image rights protection in the exercise of their functions or at public events, but their privacy remains protected. Images taken at public events may be distributed for informational purposes, provided they do not violate the dignity or privacy of those concerned.
It is always preferable to formalize authorizations for any commercial or promotional use to avoid disputes.
Why consult a specialized image rights attorney?
Dispute prevention.
A specialized image rights attorney advises on best practices for legal image use, thus preventing potential disputes. Our firm develops strategies to secure necessary authorizations and respect image rights.
Legal assistance and representation.
In case of dispute, an image rights attorney can represent the victim to assert their rights before competent courts, including evidence preparation, complaint drafting, and judicial procedure management to obtain justice and compensation.
Image rights assignment contract negotiation and drafting.
Our specialized attorneys draft and negotiate image rights assignment contracts, clearly defining conditions of image use. These contracts are essential to protect the interests of the person concerned.
FAQ
Frequently asked questions.
To prove an image rights violation, collect all available evidence of unauthorized distribution: publication copies, screenshots, and testimonies. An attorney can help gather evidence and build a solid case.
Penalties can include fines and, in serious cases, imprisonment. Fine amounts and sentence duration depend on offense severity and victim damages.
Immediately consult a specialized image rights attorney to assess the situation. They can advise on steps including cease-and-desist letters, complaint filing, and pursuing legal action for compensation.
An image rights attorney is essential for protecting individuals' image usage and privacy. They advise and represent clients when their image is used without authorization, whether in media, online, or advertising.
Image rights have several exceptions: the public's right to information (current events), public figures in the exercise of their functions, crowd images where the person is not identifiable, and public order needs. Case law balances image rights and freedom of expression on a case-by-case basis.
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