01/11/2025 Image Rights

What a person should authorize before using their image in advertising

Using a person’s photograph or video in a campaign requires reviewing rights that go beyond image ownership as a file. In Spain, the image itself receives specific protection and an authorization for a specific use does not equal an unlimited permit. Companies and agencies must know what has been consented to before disseminating the material.

See original publication on LinkedIn 16/09/2026

The authorization must correspond to the actual use

It is necessary to define the purpose, the means, the duration, the territory and the remuneration. Possible adaptations, uses in advertisements and dissemination by distributors or collaborators must also be specified.

An authorization to publish a photograph on social networks does not necessarily imply permission to use it in an advertising campaign. Consent rules and special rules for minors must also be respected.

Written authorization allows you to demonstrate what uses have been allowed. In the case of employees, working for a company does not mean automatically authorizing any use of your image for promotional purposes.

Separate the rights of the person and the photographer

A photograph can be protected by copyright or by the regime of mere photographs. Therefore, having the permission of the person portrayed does not replace the photographer’s license, nor on the contrary.

That an image is published in an open profile does not mean that it can be used freely in advertising. Consent can be revoked according to law and specific rules must be respected when minors appear. It is also important to distinguish image authorization from data protection.

At PreMark we recommend reviewing the production contracts and authorizations of the people who appear. It is important to relate each permission to the photographs and authorized uses to avoid problems when reusing the material in new campaigns or channels.