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Even if you hold the copyright to a photo, you may not simply publish it: the person portrayed has portrait rights and can, under certain circumstances, object to publication (Article 21 of the Copyright Act). With a quitclaim, you prevent problems.
Copyright and portrait rights
The copyright to a photograph rests with the creator, or with you if it has been transferred or if you took the photo yourself. But that is not the end of the story: anyone who is recognizably depicted has portrait rights. This right is separate from copyright and protects the person depicted.
When can someone resist?
In the case of a photograph that was not commissioned, the person portrayed may object to publication if they have a reasonable interest in doing so (Article 21 of the Copyright Act) — for example, a privacy interest or a commercial interest regarding famous persons. Additional rules apply to commissioned portraits.
Also pay attention to the GDPR
Moreover, a recognizable photo of a person is personal data. Publishing it constitutes processing under the GDPR, for which you require a legal basis, often consent. Portrait rights and privacy overlap here.
Avoid problems with a quitclaim
With a quitclaim — a declaration of consent — you record that the person portrayed agrees to the use of their likeness, for what purposes, and for how long. This prevents someone from objecting to publication at a later stage.
Frequently Asked Questions
Am I allowed to publish a photo if I hold the copyright?
Not automatically: the person portrayed can invoke portrait rights. Ask for permission or arrange a quitclaim.
Does portrait rights also apply to employees and customers?
Yes, everyone who is recognizably depicted in an image has portrait rights. Obtain permission before you publish images.
What is a quitclaim?
A statement in which the person portrayed consents to the use of his portrait, for specific purposes and duration.
Want to properly arrange portrait rights?
Our legal experts draft a portrait rights quitclaim . View our copyrightteam or schedule a free consultation.
