The Limits Brands Face When Using a Person's Image for Advertising Purposes

Intellectual Property attorney Isabella de la Barrera was interviewed by Asuntos Legales about Colombia's regulations governing the use of a person's image. Ms. de la Barrera delineated two parts of the right to one's image: "a fundamental aspect that protects the autonomy to decide how one's image is projected and is subject to judicial protection, and a proprietary aspect, linked to economic use, that falls under ordinary jurisdiction unless fundamental rights are affected." She also described other aspects of use authorization, such as duration and media, and clarified that this right extends to dead persons, with the goal of protecting their dignity, privacy and reputation. She additionally highlighted relevant rulings from Colombia's Constitutional Court and commented on the new considerations artificial intelligence brings for legal analysis in this area.

READ: The Limits Brands Face When Using a Person's Image for Advertising Purposes