Lawyers specialized in image rights.

Our lawyers specialized in image rights have extensive experience in managing your rights, drafting contracts, and providing legal representation.

We are committed to defending your rights and ensuring that your image is used in a lawful and respectful manner.

We operate across various fields, including commercial law, advertising law, and intellectual property law, providing you with comprehensive protection for your image.

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Droit à l'image

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What are image rights?

Image rights are a fundamental right in France that allows every individual to control the use of their image. Under Article 9 of the French Civil Code, the Penal Code, and the established case laws, any use of a person’s image requires their explicit consent, except in cases provided for by law.
This right protects individuals’ privacy and personal identity by regulating how their image may be used. Lawyers specialized in image rights play a key role in defending and safeguarding these rights.

A law firm for a new generation of creators.

INFLUXIO Avocats is a law firm entirely dedicated to creation and new technologies. We support our clients with à la carte services or within the framework of our unlimited support offer.

More than 250 clients defended
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Alexandre Bigot

Exceptions to image rights

Implicit or explicit consent

Consent to use an image may be implicit, for example, when a person voluntarily participates in a public event where photography is reasonably expected. However, explicit consent, ideally in the form of a written agreement, is strongly recommended to avoid disputes.

Public interest and freedom of expression

The publication of images may be justified by public interest or freedom of expression, particularly in a journalistic context. However, images must be relevant and must not infringe upon the dignity or privacy of the person concerned. Our specialized lawyers can assist in determining whether a publication is justified on public interest grounds.

Case law and practical examples

Case law on image rights provides concrete examples of how the law is applied. Courts are often called upon to balance image rights against other rights, such as freedom of the press. Consulting a lawyer can help clarify how these legal decisions may impact specific situations.

Different situations of image rights infringement

Invasion of privacy

An invasion of privacy occurs when a person’s image is captured or distributed without authorization in private spaces or situations where the individual has a reasonable expectation of privacy. This includes photos taken at home or during personal moments without the consent of the person concerned.

Unauthorized use in the media

Media outlets are required to obtain prior authorization before publishing photos or videos of an individual, except where justified by the public’s right to information. Any publication without consent constitutes an infringement of image rights and may result in legal action. Sanctions can include fines and, in some cases, imprisonment for those responsible for the violations.

Commercial use without consent

Using someone’s image for commercial purposes, such as in advertisements, without their consent constitutes a violation of their image rights. Image rights agreements are essential to legally govern such use. Our specialized lawyers can assist in drafting and negotiating these agreements to protect the individual’s interests.

Distribution on social networks

The unauthorized sharing of images on social media is a common violation of image rights. The speed at which images can spread online can cause significant harm to a person’s reputation. Our lawyers can assist in removing such images and pursuing compensation for the damage caused.

Special cases: public figures and public events

Public figures enjoy reduced protection of their image rights, but their privacy must still be respected. Images taken at public events may be shared, provided they do not harm the dignity or privacy of the individuals concerned. Implicit consent may sometimes be sufficient at such events, but it is always advisable to formalize permissions to avoid legal disputes.

Why consult a lawyer specialized in image rights?

Dispute prevention

A lawyer specialized in image rights law advises on best practices for the legal use of images, thus preventing potential disputes. INFLUXIO lawyers, based in Paris and Brussels and operating all over France and Belgium, can develop strategies with you to secure the necessary authorizations and respect for your image rights.

Legal assistance and representation

In the event of a dispute, an image rights lawyer can represent the victim to assert their rights before the competent courts. This includes preparing evidence, drafting the complaint, and managing legal proceedings to obtain justice and redress.

Negotiation and drafting of contracts for the transfer of image rights

Our lawyers specialized in image rights law draft and negotiate image rights transfer contracts, clearly defining the conditions of image use. These contracts are essential to protect the interests of the person concerned and to prevent abuse.

Frequently asked questions

Our law firm specialized in image rights law plays an essential role in the protection and/or defense of your rights.

How can I prove an image rights violation?

To prove a violation of image rights, it is essential to gather all available evidence of the unauthorized distribution, such as copies of publications, screenshots, and witness statements. A lawyer can assist in collecting this evidence and preparing a strong case to defend your rights.

What are the penalties for violating image rights?

Penalties for violating image rights may include fines and, in severe cases, imprisonment. The amount of the fines and the length of any custodial sentences depend on the seriousness of the violation and the harm suffered by the victim.

What should I do if my image has been used without authorisation?

If your image is used without authorization, it is crucial to consult an image rights lawyer immediately to assess the situation. They can advise you on the appropriate course of action, which may include sending cease-and-desist letters, filing a complaint, and initiating legal proceedings to obtain compensation.

What is the role of an image rights lawyer?

An image rights lawyer plays a vital role in protecting an individual’s image and privacy. They advise and represent clients whose image has been used without permission, whether in the media, online, or in advertising. With their expertise, they help enforce individuals’ rights and secure compensation for any harm suffered.
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