Image Reporting: the Right to your Own Image
The right to protect your image has never been more important. Due to technological developments, there are now countless photos and videos taken every day and the technical possibilities for image and video capture are vast. However, the use and publication of images are subject to various regulations that have to be respected.
Apart from copyright issues, the right to one’s (personal) image is of utmost importance. It states that persons depicted in photographs have the right to decide whether the images can be published and be made accessible to an audience. If the depicted person does not give their approval and the image is used regardless, the person will be able to obtain an injunctive relief and claim damages, either by a written warning or in front of a court.
The law does, however also provide a variety of exemptions, cases in which the approval of a depicted person is dispensable, and no claims can be made, for example, if the publication of the image serves an artistic purpose or if the person depicted can be considered just an accessory.