ofportretrechten

Portretrechten, in Dutch law often called portretrecht, are the rights of an individual to control the use of their own likeness in photographs and other images. They form part of the personality rights (persoonlijkheidsrechten) protected by civil law, and are distinct from copyright, which concerns the photographer’s ownership of the image. While the photographer typically holds the copyright in a photo, the person depicted may have the right to restrict or approve the use of their likeness, especially for commercial purposes.

Scope and use: A recognizable image of a person may not be used, reproduced, or distributed for commercial or promotional purposes without consent. Consent is usually given through a model release or contract. There are important exceptions: for legitimate news reporting, documentary purposes, public-interest events, or certain artistic or educational uses, the portrayal may be allowed if it does not mislead or unfairly infringe the subject’s rights.

Enforcement and practical considerations: Violations can lead to civil claims for damages or injunctions. In practice, publishers and photographers often negotiate releases to avoid disputes. When publishing images online or in cross-border contexts, rights may interact with other jurisdictions and privacy or data-protection rules, such as GDPR, which governs the processing of personal data contained in photographs.

Public figures and contextual uses: Public figures have a lower threshold for permissible publication in news contexts, but the use of a portrait for commercial branding or deceptive contexts can still trigger liability.

This overview provides general information; for specific cases, legal counsel should be consulted.