PATRIMONIAL RIGHT TO IMAGE

IMAGE IS THE PERSONAL PROPERTY OF THOSE WHO ARE ABLE TO GIVE IT VALUE AND CAN TRADE WITH IT

What began as a highly personal right, linked to the most essential aspects of human beings, has been overwhelmed by its economic potential, becoming a tremendously marketable "thing". Image rights have an undeniable patrimonial aspect, which their owners can transfer and sell at will. Therefore, from an intellectual property perspective, it is possible to consider the protection of this right as if it were an artistic expression or an apprehensible projection, without denying that its link to the personal sphere remains very close.

Separating fundamental rights from property rights is essential for the proper functioning of the legal system. Their protection, contracting and defence must be carried out in accordance with the purpose pursued when they were exploited so that the result, in any sense, is consistent.

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