Fired Coolblue delivery driver opposes the use of his portrait and is unsuccessful

An employee who appears recognizably in promotional material can invoke their right to their image — but not always successfully. In a case involving a delivery driver who was summarily dismissed, the judge ruled that his objection to the use of his portrait was unfounded. The right to one's image only provides protection when there is a reasonable interest.

Portrait rights in brief

Anyone depicted in a recognizable manner has portrait rights (Article 21 of the Copyright Act). In the case of a portrait not commissioned, the person portrayed may object to publication if they have a reasonable interest in doing so. That interest may be a privacy interest or, in the case of famous persons, a commercial interest.

The case of the fired delivery driver

A delivery driver who appeared in promotional material for his (former) employer objected to the continued use of his portrait after his dismissal. However, the judge ruled that his objection was unsuccessful: there was insufficient reasonable interest to prohibit the use. The mere wish not to be seen anymore after a conflict is not sufficient for this.

What does this mean for employers?

You may not simply continue to use visual material of (former) employees indefinitely, but an employee cannot always simply stop its use either. Whether an objection succeeds depends on the specific interests involved. Nevertheless, it is wise not to let this come to legal proceedings.

Prevent disputes with a quitclaim

Establish the use of portraits in advance in a quitclaim: specify for what purpose, for how long, and under what conditions you may use the images, even after the termination of employment. This prevents a (former) employee from successfully objecting later.

Frequently Asked Questions

Am I allowed to continue using footage of a former employee?

Not unconditionally unlimited, but the employee cannot always stop it either. It depends on his reasonable interest. A quitclaim prevents disputes.

When is a claim based on portrait rights successful?

If the person portrayed has a reasonable interest, such as a privacy or commercial interest. A mere wish not to be pictured is often insufficient.

How do I regulate the use of images by employees?

With a quitclaim in which you specify the use, duration, and conditions, also for after the employment relationship.

Want to properly arrange portrait rights?

Our legal experts draft a portrait rights quitclaim . View our copyrightor employment lawteam, or schedule a free consultation.